If the insurance company has either denied your claim or is not offering you what you think the value of your claim is worth, you have the option of litigation. Litigation is whereby you bring a lawsuit against the at-fault driver. Keep in mind, the insurance company will not be listed on the complaint for personal injury. Often times when I tell people this they do not understand. I get questions like but why are they trying to settle this claim the insurance company if we are going to sue the at-fault driver?
The answer is simple, the person you are suing is the person who injured you in your car crash. If they have insurance as they are required to under Georgia law, then the insurance company has contracted with the policy holder to provde protection up to the policy limits paid for by the policy holder. So once a claim is set up, the insurance company will step in and determine if there is coverage. If there is coverage they will attempt resolve the claim with in the policy limits of the at fault driver. Any amounts sought over the policy limits would come directly from the at fault driver’s assets. Going after the at fault driver’s asets can be complicated and take a long time. Both of which survivors of car crashes usually do not wish to wait around for.
If you have been in an auto accident and the insurance company is not attempting to settle with you there could be many reasons but it is at that time that you should contact an attorney to get an idea on if litigation or a trial would be best for your situation. Another factor in determining if you should bring a lawsuit against the at fault driver, is the Statute of Limitations which at the time of this posting is two years from the date of accident. This is subject to change and if you have any questions on other statute of limitations deadlines, you should contact legal counsel immediately.
Contact my office if you would to speak with an attorney on your auto collision. Call 770-948-5454 today.