auto accident liability

Published on: October 15, 2019

How to protect yourself when the at-fault driver doesn’t have car insurance.

One of the main purposes of car insurance is to help make you whole if you are injured in a car accident. However, not all car owners have enough insurance coverage or any at all. Unfortunately, it happens more often that it should – a person gets injured in a motor vehicle accident and suffers serious injury, and the person who caused the accident does not have car insurance. Sometimes, the at-fault driver may have some car insurance, but it’s not enough to wholly compensate the injured victim. So what can the injured person do to make sure they are fully compensated for their injuries? This is where you uninsured or underinsured motorist coverage in your own car insurance policy comes into play.

Georgia law requires that all vehicles have a minimum amount of liability insurance of $25,000 per person and $50,000 per accident for body injury. Unfortunately, many car owners do not comply with this law and are guilty of driving their car on the streets without any car insurance. Even more unfortunate is the person who happens to get hit by one of these car owners and injured as a result. There will be no insurance coverage by the at-fault driver to cover his injuries. Other times, you may be injured in a car accident and even though the at-fault driver has the minimum amount of car insurance, the $25,000 is still not enough to compensate you for your injuries and medical bills.

Uninsured motorist coverage, or UM coverage, is exactly what it sounds like. UM coverage is an option on your car insurance policy that provides you coverage if you are involved in a car accident with someone who does not have car insurance. Underinsured motorist coverage, or UIM coverage, is the option on your car insurance policy that provides the extra coverage you need for when the at-fault driver’s minimum policy does not compensate you fully for your injuries.

Published on: July 10, 2019

Failure to Use Seat Belts is Not a Bar to Recovery for Car Accident Injuries

by Robert N. Katz, Esq.

In a recent criminal case in Georgia involving a hit-and-run accident, the court did not allow evidence that the car crash victim was not wearing a seat belt when he was ejected from his vehicle after impact and died. The court stated that the victim’s failure to wear his seat belt was not relevant in determining the cause of his death.

Georgia law requires that all persons in the front seat of a passenger vehicle wear a seat belt. The seat belt law applies to all occupants in any motor vehicle, including pickup trucks, vans, sport utility vehicles, and any vehicle designed to carry 15 or fewer passengers.

We all know that seat belts are one of the first lines of defense to protect you from injury while in a motor vehicle. This is especially true in rear-end collisions, T-bone accidents and head-on collisions. Wearing a seat belt is crucial in avoiding serious injury in such types of accidents.

Published on: February 24, 2017

Who are the Other Parties Liable in a Drunk Driving Accident Claim?

by Robert N. Katz, Esq.

There are a number of parties that can be held accountable in any drunk driving accident. But did you know that there are some parties that may not seem directly involved in the accident, but can still be held liable in a civil claim?

One of the most obvious parties that can be held liable in a drunk driving accident claim is the intoxicated driver. However, victims may also hold liable the commercial establishment that served or sold the alcohol before the accident. These claims are filed under Georgia’s dram shop statute, which allows commercial drinking establishments such as pubs, restaurants, clubs, or liquor stores, to be held accountable in those cases in which drivers drank alcohol sold by the establishment just before an accident.

If the commercial establishment willfully and knowingly serves or sells alcohol to a person below the age of 21, they can be held liable. The establishment can also be held liable if they knowingly serve alcohol to a person who is noticeably intoxicated, and he or she then drives and causes an accident. The establishment, however, must also be aware that the customer will soon be operating a motor vehicle at the time of serving or selling of the alcohol. This is an important element to proving your claim.

Published on: July 22, 2015

Filing a Claim against an Aggressive Driver

by Robert N. Katz, Esq.

Aggressive driving is defined as driving that involves a combination of one or more traffic offenses that place other motorists at risk of an accident. If you have been involved in a motor vehicle accident involving an aggressive driver, it’s important to understand your legal rights and hire the best attorney.

An aggressive driver could be engaged in a number of different driving practices that threaten his own safety, and the safety of people around him. Aggressive drivers often don’t consider the human element, and have little regard for the safety of other motorists, cyclists and pedestrians. Simply stated, a motor vehicle in the hands of an aggressive driver turns into a dangerous weapon.

Typically, the following driving behaviors may be included in the definition of aggressive driving.

Published on: February 11, 2015

What To Do When You’ve Been in an Accident

by Robert N. Katz, Esq.

When it comes to car accidents, there’s a broad spectrum of damage and the emotions that accompany it. From the bitter annoyance of your car getting bumped in a parking lot to the absolute turmoil of a more serious, life threatening accident. Where ever an accident falls on the spectrum, there is one emotion that can follow any accident: dread. In the weeks following a very minor incident in a crowded parking garage, I felt this dread. My driving became hyper aware, nervous that a possible accident was around ever corner. While this rapt attention is certainly appropriate, the dread only subsided when I recognized how to react when an accident does occur. In this post today, we’ll discuss what to do when you’re in an accident.

Keep in mind, every accident is different. Some steps apply more to certain types of car accidents than others. Think of each step as being prefaced with “as necessary.”

Stay calm!

Published on: October 22, 2011

Dealing with Claims Adjusters at Insurance Companies after an Auto Accident in Georgia

by Robert N. Katz, Esq.

MSN Money has a few tips for persons involved in car accidents in Georgia.None of these tips are a surprise to Atlanta car accident lawyers, but many motorists fail to understand how doing the wrong things soon after an accident can damage their claim. Insurance companies have extremely experienced insurance adjusters who handle claims for personal injury and wrongful death. Unfortunately, a great deal of what impacts a claim for personal injury often occurs before the victim has counsel. It is during this timeframe that insurance adjusters have their greatest impact on the outcome of injury claims.

One of the first people that you will meet after an auto accident is the claims adjuster from the other driver’s insurance company or from your insurer.A claims adjuster’s job is to identify fraud in an auto accident claim.As Atlanta car accident lawyers, we often find claims adjusters trying to confuse an accident victim, by trying to get accident victims to settle as quickly as possible.Unfortunately, when a driver says or does the wrong thing after an accident, it can negatively impact the claim. In one recent case, an insurance adjuster was able to get a person with a serious spine injury to settle for an extremely small amount of money thereby eliminating his claim for future damages.

A claims adjuster may also try to fool you into comprising your claim by encouraging you to visit a “preferred repair shop. “ Often, these repair shops will underestimate the damage to your car or fail to have the vehicle properly repaired because they are endeavoring to lower the cost to the insurer. Each person who has been in an accident has a right to go to the repair shop of his or her choice.

Published on: January 15, 2010

Icy Weather Leaves Insurers with $25 Million Bill

by Robert N. Katz, Esq.

A week of frosty weather in Georgia left a trail of auto accidents, killing several people and injuring more.Now that the worst is over, it’s time to estimate the damage.Insurers are estimating a price tag of $25 million in snow and ice-related insurance claims in Georgia.

Two of the dead were killed in an accident blamed on icy weather in Lumpkin County last week. The two victims were in a Chevy when the driver lost control and crashed the car into a Ford truck. The 18-year-old passenger in the vehicle was declared dead at the scene, while the driver had to be airlifted to Atlanta Medical Center where he later died.

The accident was just one in a series of snow and ice-related auto crashes last week.Georgia troopers were left overworked and overstressed by the sheer volume of accidents. Emergency services officers were stretched to the limit, and often found their route to an emergency blocked by yet another accident. In Atlanta alone, there were 229 accidents between last Thursday night and Friday morning alone, with dozens more accidents occurring as the snow began to melt, leaving a layer of black ice on the road surface.

Published on: December 21, 2009

Settlement Mills vs. Atlanta Trial Lawyers

by Robert N. Katz, Esq.

Stanford Law School professor Nora Freeman Angstrom has published an investigative report” Run of the Mill Justice” in the Georgetown Journal of Legal Ethics. She has scathing remarks for what she calls “settlement mills” – law firms that are involved in the mass resolution of claims. These firms base their business – it might be a stretch to call it “practice” of the law – on taking on high volumes of accident and injury cases and rushing to settle these with insurers, often for low amounts.There is minimal interaction with the client, and the principle is to rush though cases, with barely any of these cases ending up before a jury.

These mills get most of their clients from aggressive advertisements on billboards and television. Most importantly, a settlement mill is rarely interested intaking a case to trial, and getting a fair value for the client. The report makes very interesting reading, and Angstrom does not hold back as she names law firms, including one in Georgia, that she characterized as having low jury trial rates.

It’s not often we hear a law expert openly calling out these settlement mills by name, and as Atlanta personal injury trial lawyers who believe in fighting for justice for every individual client, we agree with what she says. Not every accident case will go to a trial. Very often, clients reach favorable settlements without having to go to court. However, if a case cannot be resolved during settlement negotiations, it’s important that your Atlanta personal injury attorney be equipped with the resources, skills, preparation and expertise to take your case to trial, and win.

Published on: September 4, 2008

Allstate Rates as Worst Insurer

by Robert N. Katz, Esq.

The American Association of Justice, a trial lawyer’s advocacy group, ranked Allstate Insurance Company as the worst insurer for consumers.The group based its rankings on an evaluation of legal filings showing a pattern of greed, refusal to pay legitimate claims, and rewarding employees for claim denials.

The AAJ says its rankings are backed by thousands of court documents produced during litigation against the insurer and complaints filed with state insurance regulators, the SEC and the FBI.Apparently in the mid-1990s Allstate contracted the consulting giant, The McKinsey Group, to help change its claim policy to one of “lowball” offers and systematic denials.

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