Atlanta Car Accident Lawyer | Atlanta Lawyer
GET THE COMPENSATION YOU DESERVE WITH ROSS MOORE LAW
Car accidents claim far too many lives in our community – with most of these fatalities the result of recklessness. In fact, according to the National Highway Transportation Safety Administration (NHTSA), there are more than 1,000 traffic fatalities in Georgia each year. Many are easily preventable, often caused by some form of negligence or recklessness, such as drunk driving or speeding. If this is the case, the driver responsible for your car accident must be held accountable.
Car accidents are among the leading causes of injury and death in the United States. Each time drivers get behind the wheel, they face the risk of a dangerous wreck. Unfortunately, when these accidents do happen, many Georgia drivers are not prepared for what comes next. Between scheduling medical care and vehicle repairs, injured drivers are often left with little time to spare for what truly matters: recovery.
Ross Moore Law can help, handling your accident claim from start to finish. Our qualified Atlanta car accident lawyers offer trusted legal advice each step of the way, so you can face the future with confidence – and the fair settlement you deserve. Contact Attorney Ross Moore and his legal team today to get started!
WHY CLIENTS CHOOSE ROSS MOORE LAW
Here’s why locals choose our Atlanta car accident lawyers:
- Millions recovered for clients through verdicts and settlements
- Award-winning legal representation
- A history of highly satisfied reviewers of our personal injury law firm
- Meticulous, diligent, and personalized approach to each accident claim
- Contingency fees – you don’t pay unless we win!
At Ross Moore Law, our skilled car accident law firm can help you and your loved ones navigate the days ahead. Offering experienced Atlanta car accident lawyers, we take the time necessary to understand all aspects of your case – from the details of the accident scene to the specifics of your medical care. This enables us to craft a case that effectively fights for the best possible outcome on your behalf.
CASES WE HANDLE
ATLANTA CAR ACCIDENT LAWYER NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME
Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
6 STEPS TO TAKE AFTER A CAR ACCIDENT
STEP 1: CALL 911 IMMEDIATELY
If you have been involved in a car wreck, call 911 right away.
STEP 2: SEEK MEDICAL ATTENTION
Seek medical care as soon as first responders arrive on the accident scene. Even if you do not initially appear to be injured, be sure to see your doctor as soon as possible.
STEP 3: AVOID SPEAKING ABOUT CASE OR ADMIT FAULT
Do not discuss your injury or share details about your accident claim. Stay off of social media and do not make a statement to the insurance company without first speaking to an Atlanta personal injury lawyer.
STEP 4: GATHER EVIDENCE AND DOCUMENTATION
Take photos of your injuries and the accident scene. Also, retain all medical documents related to your accident, such as hospital bills, medical records, etc. This evidence, as well as police reports and eyewitness statements, will be used to strengthen your accident claim.
STEP 5: BE TIMELY & KNOW THE STATUTE OF LIMITATIONS
After your car accident, do not wait to pursue legal action. Keep in mind that the statute of limitations is two years here in the Peach State, meaning that you must file your accident claim within two years of your accident.
STEP 6: HIRE AN ATLANTA ATTORNEY FOR LEGAL REPRESENTATION
Entrust your case to an Atlanta car accident lawyer. While it is possible to proceed without legal representation, keep in mind that the legal system can be very difficult to navigate. For maximum compensation, trust Ross Moore Law.
HOW TO FILE A CAR ACCIDENT CLAIM?
Simply hire an attorney. The claim process can be exhausting and drawn–out, so having an attorney can bring you ease. At Ross Moore Law, we will speak with your insurance company, address the other driver‘s insurance company, gather evidence, file the claim, and more. Plus, you only pay us if we win your claim—truly a hassle–free experience. So, reach us if you‘re ready to file a claim. Ross Moore Law has your free case review ready today!
COMMON CAUSES OF CAR ACCIDENTS
In order to obtain compensation for medical bills, pain and suffering, lost wages, and more, negligence must be established. Our Atlanta car accident lawyers will thoroughly investigate your accident to determine who may be held liable for your injuries.
Auto accidents are often caused by the following:
- Speeding: Exceeding the speed limit or driving too fast for conditions reduces drivers’ time to adjust and avoid a collision. Crashes at higher speeds also tend to cause more serious injuries and, in the worst cases, fatalities.
- Drunk Driving: Even after several decades of high-profile public awareness campaigns, far too many Georgians make the horrible and often fateful decision to get behind the wheel after having too much to drink. Drunk driving decreases reaction times and puts everyone on the roadway at risk.
- Distracted Driving: People today seem to have a hard time staying off their cell phones, which has created an increasingly deadly situation on the roadways. Texting while driving and similar activities distract drivers visually, manually, and cognitively. With their focus away from the road, drivers may miss key details, like a pedestrian crossing or another vehicle entering their blind spot.
- Fatigued Driving: A surprisingly high number of Georgia motorists drive while drowsy or fatigued. Like chemical impairment, drowsiness results in slower reaction times and poorer driving decisions. Not to mention, falling asleep behind the wheel can have fatal consequences.
- Bad Weather: Heavy rain, windy conditions, ice, snow, and other forms of inclement weather can play a major role in many Georgia car accidents. Drivers often fail to properly adjust to adverse weather conditions, which is also a frequent contributor to these accidents.
- Poor Road Design: Some Atlanta car accidents are caused by poorly designed or improperly maintained roads. When this is the case, those responsible for designing or maintaining the roadways can potentially be held liable.
- Defective Automobile Parts: A car accident may be caused, at least in part, by a faulty vehicle or malfunctioning vehicle component. Examples include computer dashboard malfunctions, tire blowouts, and brake line failures.
As noted above, distracted driving is a major factor in many car accidents. At Ross Moore Law, our Atlanta car accident lawyers have successfully represented numerous clients injured in distracted driving accidents – as well as clients who have suffered all other types of personal injuries in the Atlanta, GA area. Attorney Ross Moore and his skilled legal team have secured millions of dollars in verdicts and settlements on behalf of our clients, always committed to providing the strong, personalized legal representation they need and deserve.
While we routinely go up against well-funded adversaries, such as large insurance companies, our Atlanta attorneys are not intimidated by their vast resources. We strive to secure a settlement that fully and fairly compensates our client without going to trial. However, if the other side is not willing to negotiate in good faith, we are ready and able to pursue full damages through litigation.
ATLANTA CAR ACCIDENT LAWYER NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME
Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
WHAT CAUSES THE MOST CAR ACCIDENTS? DISTRACTED DRIVING
Here are just some of the ways that distracted driving accident victims can benefit by working with Ross Moore Law:
- We provide free consultations and case assessments
- Our clients work directly with our attorney, Ross Moore
- We have won millions of dollars in compensation for our clients
- We fully utilize the most up-to-date technology to help ensure a smooth and seamless legal process
- We do not charge any attorney fees unless we recover compensation on your behalf
THE DANGERS OF DISTRACTED DRIVING
According to the Center for Disease Control (CDC), approximately nine people are killed and more than 1,000 people are injured each day in accidents that involve a distracted driver. Distracted driving can be any activity that draws a motorist’s attention away from the road.
This may include:
- Talking on the phone
- Reading a GPS navigation system
- Sending a text
- Watching a video
- Eating and drinking
- Tuning a car radio
- Interacting with a passenger
- Grooming
- Reaching for a lost object
- Reading a sign or billboard
While all of these distractions can contribute to a crash under the wrong set of circumstances, texting (as well as other forms of electronic activity) on a smartphone elevates the risk of a wreck to a whole new level.
Keep in mind that texting while driving is extremely hazardous because it distracts a driver in three different ways: visually, manually, and cognitively. This means that the driver’s attention is pulled completely away from the road, not only putting their life on the line, but other drivers’ lives as well.
PURSUING A DISTRACTED DRIVING ACCIDENT CLAIM IN GEORGIA
Texting while driving is illegal in Georgia, and those who violate this law can be fined $50 for their first offense, $100 for their second offense, and more with each additional offense. Unfortunately, this relatively small fine does nothing to compensate an accident victim who is injured at the hands of a distracted driver. The only way for a victim to be made whole is through a civil action that seeks to recover monetary damages.
Those injured in distracted driving accidents may be eligible for monetary and non-monetary damages. Direct monetary losses include medical bills, lost wages, and loss of earning capacity, while non-monetary damages include pain and suffering, emotional trauma, diminished quality of life, and more. In some cases, in which the actions of the at-fault driver were willful, malicious, or grossly negligent, punitive damages may also be available as punishment for the wrongdoer. Punitive damages also seek to deter drivers from engaging in similarly reckless behaviors in the future.
Georgia uses a modified form of comparative negligence in personal injury claims, meaning that an injured party can still recover damages as long as they are less than 50% at fault for the car accident. However, any damages that are awarded are reduced in proportion to the percentage of fault they share in the accident.
GEORGIA STATUTE OF LIMITATIONS FOR CAR ACCIDENTS
2 YEARS
The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their car crash to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.
An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.
ATLANTA CAR ACCIDENT LAWYER NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME
Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
READY TO FILE A CLAIM? CHOOSE ROSS MOORE LAW!
At Ross Moore Law, we proudly serve accident victims throughout the Peach State and we are glad to help you. We understand that accidents can be stressful, especially after you’ve been injured, so we take pride in ensuring we provide ease to our clients. We’ll manage your accident claim from start to finish, so you don’t have to worry. Trust us, we offer the legal advice and representation you need to get the maximum compensation your case deserves. If you’ve been in an accident in Georgia, choose Ross Moore Law. We are ready with a free case review today!
WHAT OUR GEORGIA CLIENTS SAY ABOUT US
Started with a larger firm first and they referred me to Ross. Immediately felt at ease with Ross. Took the time to explain to me exactly what to expect and answered any questions I had no matter how simple. He got the maximum settlement he could without going to court. He would have received more but the prior firm made a big mistake that caused him to be at a disadvantage. Not his fault. I would refer anyone to Ross without pause. Thanks Ross.
Scott Presley
I would definitely recommend Ross Moore Law to everyone. I’ve never got in an accident, and it was scary, but they made the process very easy. They are really nice and answered all my questions and concerns. This is a great choice, if you get in an accident.
Shay Lake
Ross Moore’s Office is wonderful. The process of negotiating and settling my case was lengthy but worth it. Ross and his team worked diligently to make sure I was taken care of, and I actually ended up with more money from my settlement than I was expecting because Ross and his team wanted more for me personally. I highly recommend the Ross Moore team. They’re professional and do great work!! Really nice people who will go to bat for you! Don’t hesitate to call them.
Jazzy Tru
ROSS MOORE LAW CASE RESULTS
$150,000.00
CAR ACCIDENT
Client suffered injuries when an at-fault client pulled out in front of him. His injuries were all soft tissue, but he suffered a rupture of his diverticulitis causing a severe bladder infection resulting in emergency surgery. All available insurance was recovered.
$100,000.00
CAR ACCIDENT
Disputed liability case where the at-fault driver turned left in front of the client. The at-fault driver was towing a boat behind his truck. Client suffered soft tissue injuries and was treated with an orthopedist who performed radiofrequency ablations on her nerves to limit the pain she suffered in her back.
$50,000.00
CAR ACCIDENT
All insurance collected when the at-fault driver caused a collision resulting in the client’s punctured lung.
ATLANTA CAR ACCIDENT LAWYER NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME
Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS
Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:
- Can a Low Impact Car Accident Can Still Cause High Levels of Injuries?
- How Do I Get a Copy of a Car Accident Report in Georgia?
- How is Fault Determined in a Lane Change Accident?
- How Can I Avoid Tricks by Insurance Adjusters After an Accident?
- In a Car Accident, Who is At Fault for a Car Pileup? Multi-car Accident?
- Left Turn Accidents, Who is Liable?
- My Airbags Did Not Deploy, Who is At Fault?
- How Can Dash Cam Footage Play Role in a Car Accident?
- Understanding Comparative Negligence in an Accident Claim
- What are the Tips to Staying Safe at the Atlanta Beltline?
- What are the Most Dangerous Highways in the Atlanta Area?
- What are the Most Common Causes of Auto Accidents?
- What is a Distracted Driver in an Accident Claim?
- What is a Black Box and How Can it Impact My Accident Case?
- What Percentage of Car Accidents are Caused by Human Error?
- What are the Signs of a Brain Injury After a Car Wreck?
- What is the Hands-Free Georgia Act I Keep Hearing About?
- When Should I Use Vehicle Lights to Avoid an Accident?
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AREAS WE SERVE
Atlanta, GA | Alpharetta, GA | Fairburn, GA | Sandy Springs, GA | Union City, GA | College Park, GA
Proudly supporting accident victims in Atlanta metropolitan, Fulton County and throughout the state of Georgia.
ABOUT ATLANTA, GEORGIA
Founded in 1837, Atlanta boasts a rich history and a diverse culture unrivaled throughout the region. Our city has overcome incredible hardship though, starting with the rebuilding it endured after being burned to the ground by General Sherman in 1864. The phoenix remains the city’s symbol, representing the people’s strength – and loyalty to the city they love.
Atlanta was named the Peach State’s capital shortly after in 1868, the fifth city to earn the title. It remains the capital today, now home to over half a million residents. Our dynamic city also played a major role in the Civil Rights Movement, with inspiring leaders pursuing progress at all costs. Atlanta continues to embrace diversity, encouraging a unique arts and culture scene. Atlanta residents can also claim “the world’s busiest airport,” with Hartsfield-Jackson Atlanta International Airport serving as a major travel hub. Our beautiful city is like none other, and our Atlanta attorneys couldn’t be prouder to call it home!
TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY:
If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case.
Here are some helpful resources for accident injury victims in Atlanta, GA:
Atlanta Hospitals
Children’s Healthcare of Atlanta – Egleston Hospital
1405 Clifton Rd NE, Atlanta, GA 30322
East Point VA Clinic
1513 Cleveland Ave #300, Atlanta, GA 30344
Emory University Hospital Midtown
550 Peachtree St NE, Atlanta, GA 30308
Grady Health System
80 Jesse Hill Jr Dr SE, Atlanta, GA 30303
Northside Hospital Atlanta
1000 Johnson Ferry Rd NE, Atlanta, GA 30342
Piedmont Atlanta
1968 Peachtree Rd NW, Atlanta, GA 30309
Select Specialty Hospital – South Atlanta Medical Center
1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344
Wellstar Atlanta Medical Center
303 Parkway Dr NE, Atlanta, GA 30312
Wellstar Atlanta Medical Center South
1170 Cleveland Ave, Atlanta, GA 30344
Atlanta Police Stations/Departments
Atlanta Police Department Headquarters
226 Peachtree St, Atlanta, Georgia 30303
Atlanta Police Department Zone 1
2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318
Atlanta Police Department Zone 2
3120 Maple Dr NE #300, Atlanta, GA 30305
Atlanta Police Department Zone 3
880 Cherokee Ave SE, Atlanta, GA 30315
Atlanta Police Department Zone 4
1125 Cascade Cir SW, Atlanta, GA 30311
Atlanta Police Department Zone 5
200 Ted Turner Dr NW, Atlanta, GA 30303
Atlanta Police Department Zone 6
2025 Hosea L Williams Dr NE, Atlanta, GA 30317
Atlanta Courthouses
Atlanta City Court
150 Garnett St SW, Atlanta, GA 30303
Fulton County Civil Court
185 Central Ave SW, Atlanta, GA 30303
Fulton County Courthouse
136 Pryor St SW, Atlanta, GA 30303
Magistrate Court of Fulton County
185 Central Ave SW, Atlanta, GA 30303
Municipal Court of Atlanta
150 Garnett St SW, Atlanta, GA 30303
Supreme Court Clerk
244 Washington St SW UNIT -5, Atlanta, GA 30334
Superior Court
2 M.L.K. Jr Dr SE, Atlanta, GA 30334
ATLANTA CAR ACCIDENT LAWYER NEAR ME | ATLANTA PERSONAL INJURY ATTORNEY NEAR ME
Your free initial consultation is waiting! Plus, we operate on a contingency fee basis, meaning that unless we win, you don’t owe us any legal fees.
FAQS | COMMON ATLANTA CAR ACCIDENT QUESTIONS
What is the average settlement for a car accident in Georgia?
It depends. No two cases share the same outcome. At Ross Moore, we have won car accident settlements ranging from $12,000 to $1,250,000 based on the specific case. For details on how much your car accident claim is worth, it is best to speak with a Georgia car accident lawyer directly. Ross Moore is available 24/7 by phone and offers a free case review, so contact us today!
What to do after a car accident in Atlanta?
Firstly, you need to call 911. You must report the accident and obtain help from the police.
Next, you need to seek medical attention for yourself and the other parties involved. Check for any injuries in your vehicle or the other vehicle and assist anyone in need of help.
Furthermore, you should gather any evidence, photos, and witness information possible at the scene. Lastly, hire a skilled attorney to manage your claim from beginning to end. At Ross Moore Law, we offer a free case review to start, so reach out to us today!
How long do you have to file a car accident claim in Georgia?
In Georgia, you have two years to file for compensation in a car accident claim.
What happens after a car accident that is not your fault in Georgia?
Understand that in a no-fault state, your auto insurance will handle expenses related to your auto accident. Keep in mind that they will only cover up to the limits of your policy regarding who is at fault for the car crash. On rare occasions, you may be able to seek compensation from the other driver’s insurance company. For better clarity, you should speak with an Atlanta auto accident attorney directly.
What is a no-fault state?
For all states with no-fault laws, it simply means neither party is responsible for each other’s damages. Therefore, both parties pay for their own damages through the personal injury protection on their insurance, regardless of who is and is not at fault for the auto wreck.
Furthermore, no-fault insurance means that when a driver is hurt in an auto accident, they need to file a claim with their insurance company for expenses like some or all of their car repairs, medical expenses, lost wages, and other damages related to the accident. It doesn’t matter who was at fault for the accident.”
Is Georgia a no-fault state?
Yes, Georgia is a no-fault state.
How is fault determined in a car accident in Georgia?
In Georgia, there are a few principles involved when considering fault. For example, if one driver broke Georgia traffic laws while the other driver did not, the one breaking the law is at fault. Negligence can also play a role in determining fault. For instance, if a driver was distracted due to texting, talking, eating, drinking, and so forth while driving, that driver is often considered at fault.
How long after a car accident can someone sue you in Georgia?
In Georgia, the statute of limitations for car accident claims is two years.
Can someone sue you after insurance pays in Georgia?
Yes, the Georgia statute of limitations (deadline) for filing lawsuits for most car accident claims is two years from the accident date. The other driver involved in the auto wreck can possibly sue. The other driver may sue you for damages based on situations where your insurance company denies liability or refuses to agree to a fair settlement after the wreck.
What should you do if the insurance company is ignoring you and causing delays?
Honestly, it is best to hire a skilled personal injury attorney. When managing a claim yourself, you will need to follow up with the insurance company repeatedly, leave a voicemail, or send a demand letter. Even so, you could still be waiting and waiting for a reply.
To make life easier, you can hire an attorney who will handle all the communication with the insurance company on your behalf. At Ross Moore Law, we will manage everything from filing your claim to speaking to insurance companies, gathering evidence, and everything in between. So reach out to Ross Moore Law today to begin with a free case review!
How long does an insurance company have to settle a claim in Georgia?
Truthfully, Georgia personal injury claims are usually settled within a few weeks or months. Once the accident victims are completely reviewed by healthcare professionals and medical care is clear and recovery is achieved.
In a car accident claim, settlement checks on average are received between a couple of days to a month after all parties have come to a proper agreement. It is best to communicate with your attorney directly to determine when you will receive your settlement check for your specific case.”
Can an insurance company drop you anytime?
During a claim, it is not likely. If it happens, call an attorney as soon as possible. However, if you are not in an active claim, car insurance companies can legally drop you as a customer. If your auto insurer deems you too risky to insure compared to when you initially purchased a policy with them, they have no obligation to keep you as a customer. However, they won’t release you as a customer out of the blue. Simply prove that you are a good driver, practice safe driving habits, pay your premium on time, and you should be fine.
How do I sue someone in small claims court in Georgia?
In Georgia, small claims cases are heard in Magistrate Court. Indeed, you may not need a lawyer for small claims court, but it is recommended to at least have a personal injury attorney review your case to determine the possibility of winning. Ross Moore Law is available 24/7 by phone, so reach out to us for a free case review today!
How long after a demand letter does a settlement take in Georgia?
Honestly, if the fault for the accident is clear and proof of your injuries is easy to obtain, accident victims may receive a settlement check within a few months. On the contrary, if evidence is limited or injuries suffered are still not confirmed, accident victims sometimes wait much longer. For understanding about your settlement, it is best to speak with your attorney directly about the specifics of your case.
What is a notice of settlement in GA?
According to Georgia Law, section 44-2-30 highlights:
(a) Any party, or their legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated as a ‘notice of settlement’ with the clerk of the superior court of the county in which the real estate is situated. The notice of settlement shall be filed, permanently recorded, and indexed by the clerk of the superior court in the same manner as real estate records of the county. The clerk of the superior court shall transmit such information regarding notices of settlement as required by the Georgia Superior Court Clerks’ Cooperative Authority for inclusion in the statewide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98. The clerk of the superior court shall charge a fee for the filing and recording of the notice of settlement as is required for filing other instruments pertaining to real estate as set forth in division (f)(1)(A)(i) of Code Section 15-6-77.
How much does it cost to file a lawsuit in Georgia?
Most personal injury attorneys work on a contingency fee basis. This means you only pay the lawyer if they win your case. On top of that, Ross Moore Law offers a free case review for Atlanta accident victims, so reach out to us today!
Can you sue for pain and suffering in Georgia?
Yes. According to Georgia Code § 51-12-4, damages for mental suffering and emotional anguish can be recovered when there is an intentional infliction of mental distress without a showing of contemporaneous physical harm.
Is there a damage cap for pain and suffering in Georgia?
Fortunately, no! In Georgia, damage caps do not apply, and there is no such limit according to precedent set by a ruling by the Georgia Supreme Court in 2010 (Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 691 SE 2d 218). However, there is a cap of $250,000 on punitive damages (Georgia Code Title 51. Torts 51-12-5.1).
How do I prove emotional distress in Georgia?
To prove emotional distress, you will need to focus on two areas.
First, you must prove that the defendant had a duty to behave reasonably and not behave outrageously or in an extreme manner likely to cause distress.
Secondly, you must prove that the defendant breached that duty by intentionally or recklessly behaving outrageously.
It is best to partner with a skilled personal injury attorney. At Ross Moore Law, we will file your claim, gather evidence, and speak with the insurance company to ensure you are compensated for the maximum available for your ordeal.
What is considered a total loss after an auto accident in Georgia?
A car is considered a total loss in Georgia when the vehicle’s actual cash value is equal to or less than the cost of repairs plus the salvage value. Actual cash value refers to how much the car was worth immediately before the damage, while the salvage value is the car’s worth in its damaged state.
Is there a statute for total loss in Georgia?
No. According to Georgia law, there is no specific statute that dictates when a motor vehicle should be considered a total loss. Furthermore, most insurance companies have criteria they use to determine whether a car is deemed to be totaled or not.
Do you get money back when a car is totaled in Georgia?
Georgia does not have a formal legal definition of total loss in car accident cases. Often, the insurance companies determine whether they will repair or replace a totaled vehicle. If a car is a total loss, the insurance companies will usually pay you the car’s replacement value.”
What is the sales tax on a total loss in Georgia?
As of 2023, Georgia Rule 120-2-52-06 requires insurers to pay for tax, tag, and title on a total loss claim, in addition to the car’s fair market value. Currently, taxes in Georgia are set at 6.6%. Please speak with your accountant or attorney for updated tax information in Georgia.
How to prove negligence in a car accident claim in Georgia?
To prove negligence, an attorney’s investigation varies on matters that may have played a part in an auto accident, including the other drivers, auto manufacturer, car design, car maintenance workers, or location of the accident.
For example, the accident victims’ injuries may be the result of a defective airbag, or the other drivers could have been doing something that distracted their focus, like texting and driving. A skilled Georgia accident attorney will investigate and seek proper compensation based on the evidence and circumstances of the case.
Can you file a police report after an accident in Georgia?
It is important to understand that you should call the police immediately after any auto accident. With that being said, Georgia law is unclear on the time frame to file a police report. Overall, it is in everyone’s best interest to stay at the scene of the accident and call 911 for proper emergency services to make their way to the scene.
What happens when you leave the scene of an accident in Georgia?
In Georgia, the act of leaving the scene of an accident could get you a minimum of 1 year and a maximum of five years in jail. The fines for leaving the scene of an accident in Georgia are between $300 to $1,000. Probation, a stay, or suspension is not an option in regards to these fines.
Is leaving the scene of an accident a felony in Georgia?
Yes, if you leave the scene of a car accident, a felony is possible. Per Georgia law, in the event that someone was catastrophically injured or unfortunately killed in the accident, if the driver fled the scene, then they will face felony charges.
What happens if medical bills exceed policy limits in Georgia?
In Georgia, if medical bills exceed policy limits, the policyholder is responsible for paying the remaining balance. The insurance company will only cover the costs up to the limit specified in the policy.
What if my overall damages exceed the at-fault driver’s policy limit?
If your accident injuries and expenses are truly severe, yet the other driver’s coverage is not enough, you will unfortunately not get any more from the insurance company. Fortunately, if you want to seek more compensation to cover your hefty expenses, you do have the option of an umbrella insurance policy or filing a personal injury lawsuit.
For better understanding, an umbrella insurance policy allows someone at fault for an accident to receive additional coverage for higher expenses. Some umbrella policies are part of company insurance, and the driver who hit you may be covered through their company.
Furthermore, you can sue the driver directly in a personal injury lawsuit. Instead of getting insurance companies involved, the other driver will have to pay you out of pocket. However, be aware that some individuals may not have the personal funds, income, or assets to cover any additional expenses in a personal injury lawsuit. For further options, you should speak with an attorney directly regarding the specifics of your case.
What does an auto insurance policy limit mean?
Insurance policy limits are restrictions on how much the auto insurance company is willing to pay for costs related to an auto accident. Your settlement will most often not exceed this policy, regardless of how severe your injuries or hefty expenses may be.
What are the auto insurance policy limits in Georgia?
According to the Office of Commissioner of Insurance and Safety Fire (OCI), Georgia requires all drivers to carry auto coverage for the following:
- $25,000 per person and $50,000 per incident in bodily injury liability
- $25,000 per incident in property damage liability.
What is a bad faith claim?
If you are suspicious of your insurer, bad faith is a great resource. That is because some auto insurance companies operate in “bad faith.” It simply means they reject or devalue a claim without grounds. If this is true in your situation, they may be in violation of Georgia Code §33-6-34. According to Georgia law, the acts that could be considered bad faith by an auto insurance company may include:
- Lowballing: Making unfairly low offers that force people to take legal action to receive the compensation they deserve.
- Refusing to offer a reasonable settlement when it’s clear who is at fault.
- Rejecting claims without conducting a proper investigation.
Indeed, there may be other displays of bad faith per the law, so it is best to share your concerns and evidence with a skilled personal injury attorney for help.
What types of compensation can be recovered in a Georgia car accident claim?
Compensatory damages from an auto accident can be broken into two general categories: economic damages and noneconomic damages.
Economic damages are direct monetary losses that the victim incurs, such as:
- medical bills
- lost earnings
- property damage
- funeral
- burial costs
Noneconomic damages are for losses that are real but intangible, such as
- physical pain-and-suffering
- emotional distress
- diminished quality of life
- disfigurement
- permanent injury
In some limited cases, another category of damages may be applicable, known as punitive or exemplary damages. Punitive damages are not meant to compensate the victim, but rather to punish the wrongdoer and help discourage them and others from committing similarly egregious actions in the future.
Can I still recover damages even if I am partially at fault for an auto accident?
In some cases, yes.
Under Georgia’s modified comparative negligence law, you can still recover damages as long as you are determined to be less than 50% at fault for the underlying accident.
However, your damage award will be reduced in proportion to the percentage of fault you share. The insurance company is likely to attempt to pin some of the blame for the accident on you in order to minimize the amount of compensation they have to pay, and this is why it is very important to work with an experienced attorney who is 100% committed to looking out for your best interests.
How long does it take to settle a car accident case in Georgia?
The length of a car accident settlement depends on how long it will take you to complete your medical treatment. The faster treatment in the accident injury victim’s recovery typically leads to faster settlements.
However, settlement agreements can be delayed by other factors like the insurance company or lawyer’s involvement, disputes over who is at-fault, and the insured’s auto policy limit.
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At Ross Moore Law, we’ve recovered millions in verdicts & settlements for our Georgia clients and strive to do the same for you. We protect car accident victims with skilled legal advice and trusted legal representation. So, let Attorney Ross Moore and his legal team support you by reaching us today for your initial free consultation!