Auto insurance is the one type of policy most Atlanta residents are all but guaranteed to have. State law requires a minimum level of coverage for third-party liability, meaning that if the policyholder were to cause an accident, they have insurance available to cover the costs of medical care and vehicle repairs for the person they hit.
Many others also have policies to cover their own vehicle in specific instances, such as after a theft or an accident they caused. Regardless of the type of policy in question, getting the expected level of coverage is rarely easy.
Insurance companies are in the business of turning a profit. They make it seem like receiving a check for your claim is as easy as asking, but the truth is that they have miles of red tape — and a few common tactics up their sleeve to reduce the value of their settlement offer as much as possible.
Don’t be an unwitting victim of an insurer’s tendency to drastically undervalue auto accident claims. Whether you are facing steep medical bills, repair costs, lost wages, or other damages, you deserve to have someone at your side who can maximize the potential value of your settlement.
The CEO Lawyer Personal Injury Law Firm is here to provide that exact service.
Find out how much your claim could be worth, and get answers to your pressing questions during a free, no-obligation case review with an Atlanta auto insurance claims attorney near you. Call (404) 777-8800 or contact us online to schedule your free case and claim evaluation today.
How Can an Atlanta Auto Insurance Claims Attorney Help Me?
Having an attorney at your side during the claims process provides you with a few invaluable benefits and services, which are listed below.
Analyze Your Policy and Claim in Detail
Insurance policy documents are rarely easy to understand. It may be unclear exactly what is covered and when.
Grasping the applicable policy limits can also be complex, especially when insurers create loopholes for things like medical treatments they don’t consider to be “reasonable and necessary.”
Your Atlanta claims attorney can help you by reviewing every square inch of the policy in question. They can use their knowledge of state and local laws, along with applicable rulings from prior cases, to determine what should be covered and in what amount.
Sometimes, an insurance representative will assert their own interpretation of the policy, so having someone with legal knowledge and experience can help counter their claims or point out unenforceable language.
Help You Gather Evidence and Build a Strong Case for Liability
Each insurance claim is, in effect, a small legal case. You are basically stating to the insurer that they are legally liable for the damages you have suffered under the language of the policy contract.
Proving this claim requires both evidence and sound legal reasoning, establishing that the insurer is responsible for paying damages because of the way the damages occurred and the nature of the damages themselves.
Some insurers may dispute liability, especially for situations involving third-party claims where another driver allegedly caused your accident.
The insurer may say that their policyholder did not, in fact, cause the accident. Or, they may claim that other parties (including the claimant) contributed fault, reducing the amount of money they are expected to pay.
Your attorney will do everything possible to establish who is liable and for what amount of damages based on the available evidence and the facts of the case.
Representing You During Discussions and Negotiations
The average person is at an extreme disadvantage when it comes to dealing with an insurance company. These companies not only have daily experience handling claims, but they also have teams of personal injury lawyers available to assist them.
Appointing your own attorney levels the playing field. With an attorney around, insurers are less likely to delay your claim or attempt common strategies that, in alleged good faith, can encourage claimants to settle for less than the full value of your damages.
One common example is that insurers act like the first settlement offer they make is a “take it or leave it” prospect when, in reality, the claimant has legal room to negotiate this amount under most circumstances.
Calculating the Full Value of Your Damages
People who have been hurt in an accident tend to undervalue the full cost of treating their injuries while also failing to account for the full extent of other losses they have suffered. An attorney can consult with medical experts to diagnose your condition fully and outline a comprehensive treatment plan needed to seek the optimal medical outcome.
This work enables injured claimants to better predict the future costs of their medical treatment.
An attorney can also help you determine your average wages from before the accident compared to afterward, establishing grounds for a lost wages claim. Any difference in earnings can be claimed, including reduced hours or reduced pay because the injury victim had to change job duties.
Even benefits like sick leave can be claimed if they were used because of an injury connected to the accident.
Preparing Your Case for a Lawsuit and Trial
Because each claim is a legal case, the implication is that the insurance company should want to settle rather than face a lawsuit. Your attorney will prepare your case with a possible lawsuit — and jury trial — in mind so that insurers understand what they are up against when considering whether to settle.
Should an insurer fail to make a reasonable settlement offer, or if factors like disability raise the damages in a case, then your attorney may recommend filing a complaint (lawsuit) against the insurer that would compel them to pay. Often, out-of-court settlements can be reached even after a lawsuit is filed, but your attorney will be able to prepare your case for a trial in front of a jury in order to seek a favorable verdict and an award for all damages you have suffered.
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Types of Claims an Atlanta Attorney Can Assist With
A majority of car accident injury claims will be filed with an insurance company representing the at-fault driver. However, your own insurance carrier may be responsible, in part or in full, for damages you have suffered in your accident if you opted for optional coverage policies.
At the CEO Lawyer Personal Injury Law Firm, we can help with a variety of claim types, including:
- Third-Party Liability
- Collision & Comprehensive
- Uninsured/Underinsured Motorist (UM/UIM) Coverage
- Medical Payments (MedPay) Coverage
- Homeowners/Property Owners Insurance
- Business Owners Policy (BOP) for Third-Party Liability
- Insurance Bad Faith Lawsuits
What Laws Protect Insurance Claimants in Atlanta?
The conduct and procedures of insurance companies are set by the following legal standards:
- Georgia Rules and Regulations, Department 120
- Official Code of Georgia Annotated (OCGA) Title 33
Right to Timely Response
An insurance claimant in Georgia is supposed to receive a timely response from insurance companies for the following claim events:
- 15 days for the insurer to respond with confirmation of receipt for notice of a claim
- 15 days for insurers to confirm or deny liability once they have received proof of loss
- 10 days for the insurer to tender payment for confirmed claims that aren’t in dispute
- 60 days for the insurer to enact a pre-written process to investigate claims and then respond with notice of confirmation or denial of coverage
- An average of 12 months from the date the loss occurred (or an injury was discovered) for the claimant to file a lawsuit in connection with a denied claim, in addition to a two-year statute of limitations for injury claims in Georgia, generally
Maximizing Your Chances of Getting All Damages Repaid by an Insurer
Here are some tips that an experienced Atlanta car accident lawyer will commonly recommend in order to increase your chances of getting the maximum settlement value possible:
- Always report the car accident; call 911 to request a police respondent at the scene
- Get prompt medical treatment; accept transport by EMS if they recommend it at the scene
- Describe your symptoms in full during your medical evaluation; make sure they are documented in your case files
- Follow all doctor’s orders and attend follow-up appointments
- Save all medical documentation in addition to receipts
- Take photos of your injuries when they first occur and as they develop and heal
- Keep a journal of your daily experience, especially your pain and the activities you couldn’t participate in because of your injury
- Don’t go to work if your doctor recommends against it; compile your recent pay stubs and account statements to document your average income before the accident
- NEVER admit fault, even partially, at the accident scene or in conversation with an insurance representative (even for your own policy)
- Decline to provide a recorded statement for insurers
- File notice of a claim in a timely manner, but take your time to follow up with your proof of loss so that your medical condition and repair costs can be fully understood
- Delegate conversations with the insurer to your attorney to protect your legal rights and interests
- File a complaint when you feel like the insurance company you are working with isn’t following the rules and laws put in place to protect you
Additionally, the Georgia Office of Commissioner of Insurance and Safety Fire (OCI) recommends that when a claim is denied, “make sure you obtain a written letter explaining the reason for the denial and the specific policy language under which the claim is being denied.”
Get Help From an Atlanta Auto Insurance Claims Law Firm
Whether filing a claim against the policy of an at-fault driver or under your own policy, our Atlanta auto insurance claim lawyers are available to help you.
Don’t put yourself at a disadvantage by taking on insurance claims on your own. Protect your legal rights and avoid common mistakes by having someone with experience and legal knowledge at your side.
You can find out more about what strategies can help you maximize your potential settlement value when you call (404) 777-8800 or contact us online to schedule a free, no-obligation case review today.
