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Car Accident Lawyers in Atlanta, GA

Why Is the Insurance Company Disputing Your Car Crash Injury Claim?



Insurance companies are businesses aiming to minimize payouts. They might dispute your car accident injury claim for several reasons:​

• Disputed Liability: The insurer may argue that their policyholder was not at fault or that you share blame for the accident.​
• Injury Severity and Causation: They might question the seriousness of your injuries or claim they were pre-existing.​
• Policy Limitations: Asserting that the damages exceed the policy limits or certain damages aren't covered.

Whether these are valid arguments or simply a convenient excuse depends on your situation. In these cases, it often helps to have a personal injury attorney on your side for negotiations.

Insurance companies generally try to avoid litigation when it’s cheaper to simply pay injured motorists and passengers what they need to recover. One of the best ways to put the fear of litigation into the insurance companies is by obtaining legal representation from a personal injury lawyer.

Our team understands how insurance companies think. Some of our car crash lawyers previously worked for insurance companies on the other side of the court room. We’re familiar with the common mistakes claims adjusters make as well as insurance company negotiation strategies.

Do You Need a Car Crash Lawyer?

Whether you need a personal injury lawyer depends on your situation. If your injuries are minor, you don’t miss work and the other driver’s insurance company is honoring your claim and covering your medical costs, you likely don’t need to call a personal injury lawyer.

While not every car accident necessitates legal representation, certain situations warrant consulting an attorney:​

• Severe or Long-Term Injuries: If you've sustained significant injuries affecting your quality of life.​
• Disputed Liability: When there's disagreement over who is at fault.​
• Insurance Company Tactics: If the insurer denies your claim, offers a low settlement, or delays payment.​
• Complex Cases: Involving multiple parties or commercial vehicles.
  

Those are just a handful of situations in which you may benefit from the assistance of a personal injury lawyer. While the insurance claim process works fine for many people, there are situations where errors, dishonesty or unclear situations require investigation, negotiation and even litigation to resolve. A skilled and experienced personal injury lawyer can help you through the process.

Sources of Car Crash Injury Compensation in Georgia

Georgia requires all drivers to carry minimum auto insurance coverage of:

• $25,000 per person/$50,000 per accident bodily injury liability
• $25,000 per accident property damage liability

If you’re injured in an auto accident caused by another person, the at-fault driver’s bodily injury liability coverage should pay for your medical care, as well as other economic and non-economic damages such as lost wages and pain and suffering.

Legally required auto insurance – and the entire auto insurance system – is designed to prevent Georgia drivers from having to pay out of pocket for someone else’s mistake or negligent actions. In actual practice, the system often falls short in a variety of important ways, leaving many injured people with an array of financial losses, from uncompensated lost wages and pain and suffering to significant medical expenses and car repair or replacement costs.

Some of the most common issues injured motorists and passengers face when seeking compensation include:

• Being struck by someone who is uninsured
• Having medical costs and lost wages that exceed the per person or per accident bodily injury liability limit of the at-fault driver
• Having fault for the accident contested, leading to delays in claim payment or outright claim denial

Unfortunately, none of these issues are uncommon after Atlanta car accidents. Working with a car crash lawyer is one of the most reliable ways to increase the likelihood you will receive the compensation you need to recover, but taking legal action isn’t always the only option. There are some other important ways you can protect yourself and find alternative means to cover costs while your claim is being negotiated or litigated.

Carry Uninsured Motorist Coverage

Uninsured/underinsured motorist (UM/UIM) coverage typically mirrors the minimum insurance amounts (25/50/25) of traditional auto insurance, but you can pay more for higher policy limits. This means if you are involved in an accident with an uninsured driver (which is estimated to be 12 percent or more of Georgia drivers), you can file a claim with your own UM/UIM coverage instead of the other driver’s non-existent bodily injury/property damage liability coverage.

UM/UIM coverage is not a requirement in Georgia, but it is a smart and affordable endorsement for many drivers. The premium increase for the coverage varies based on factors like your age, driving history, past traffic infractions and the amount of coverage you’re purchasing. The typical driver with a good record may only have to pay an extra $50 to $150 per year for the coverage. 

Collision Coverage

Collision coverage can ensure that, regardless of who was at fault, your insurance will pay for your vehicle repairs or replacement. This can be vital if you’re at fault or fault is being disputed after a crash.

The investigation and claims process can be long and arduous if there are initial disagreements about who caused the crash. While the investigation is ongoing, your collision coverage will pay for your vehicle repair or replacement. If an investigation shows the other driver is at fault, your insurance company will then be responsible for pursuing reimbursement (also known as subrogation) from the other driver’s company. 

Medical Payment Coverage

This type of coverage only comes into play in injury accidents, as it pays for injuries suffered by you or your passengers, regardless of who was at fault. If liability is being contested, your MedPay will pay for immediate out-of-pocket costs.

If the insurance company or your legal team proves the other driver was responsible for the crash, it will then be the insurance company’s responsibility to recoup what they spent on your care from the other driver or their insurer – you won’t have to worry about it. 

The cost of adding MedPay to your policy will vary based on the traditional auto insurance factors. Per person/per accident policy limits can vary based on what you want to spend (typical MedPay limits range from $1,000 to $25,000).

If you’re at fault for a crash or you’re struck by an uninsured motorist, you could use MedPay compensation to pay for your own health insurance deductible/co-pays, then just rely on your health insurance to avoid medical debt.

Traditional Health Insurance

Having health insurance through an employer or a standalone plan can help protect you from medical debt after a serious car crash injury. You will still have to pay an out-of-pocket deductible or co-pay if you have no other recourse for compensation, but once those obligations are met, your medical care will be covered. As a fallback, having health insurance is absolutely vital in the event of a car accident.

Unfortunately, health insurance will not cover your property damage, lost wages or pain and suffering – only your medical care. 

Fighting for the Compensation You’re Owed Is Important

While all the above types of insurance can help protect you after auto accidents and injuries, none are necessarily the preferred path to fair compensation after a crash that wasn’t your fault.

If the system always worked as intended, the other driver and their insurer would automatically be held financially responsible for the totality of your damages, including your medical costs, lost wages and pain and suffering. Many of the previously listed insurance solutions will only cover property damage or medical costs (the exception being UM/UIM coverage, but that can only be used in specific circumstances).

Other drivers and their insurance companies have an incentive to push a narrative in which you were fully or partially to blame for your own injuries. Our car accident lawyers are committed to helping you clearly establish fault and maximize your recovery. 

Frequently Asked Questions (FAQs)

1. How long do I have to file a car accident claim in Georgia?

In Georgia, the statute of limitations for personal injury claims resulting from car accidents is generally two years from the date of the accident. However, certain circumstances can alter this timeframe, so it's advisable to consult with an attorney promptly.​

2. What if I was partially at fault for the accident?

Georgia follows a modified comparative negligence rule, meaning you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.​

3. How is pain and suffering calculated?

There isn't a fixed formula for calculating pain and suffering in Georgia. Factors considered include the severity of injuries, impact on daily life, and recovery duration. An experienced attorney can help assess a fair amount based on these factors.​

4. Should I accept the insurance company's initial settlement offer?

Insurance companies often offer low initial settlements to minimize payouts. It's crucial to have an attorney review any offers to ensure they adequately cover all your damages before acceptance.​

5. What does it cost to hire a car accident lawyer?

Many car accident lawyers, including our firm, operate on a contingency fee basis. This means you pay no upfront fees, and the attorney only gets paid if you recover compensation.​

6. Can I handle my car accident claim without a lawyer?

While it's possible to handle a claim without legal representation, having an experienced attorney increases the likelihood of receiving fair compensation, especially in complex cases or when dealing with uncooperative insurance companies.​

7. What if the at-fault driver is uninsured or underinsured?

If the at-fault driver lacks sufficient insurance, you may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. Consulting an attorney can help explore all available options to maximize your recovery.

Contact an Experienced Atlanta Car Accident Lawyer Today

If you or a loved one has been injured in a car accident in Atlanta, GA, don't navigate the legal process alone. At The Law Office of Rickard, Drew & Nix, we are committed to fighting for the compensation you deserve. Our experienced team understands Georgia’s personal injury laws and will work tirelessly to build a strong case on your behalf.

Don’t wait—contact us today for a free consultation and let us help you secure the justice and financial recovery you need to move forward.