Walton County Car Accident Attorney

Learning how much insurance is available to cover a car accident is a critical part of learning how much resources are available to compensate you for your injuries following a car accident. If you have been involved in a car wreck that resulted in catastrophic injuries, you want to know if the at-fault driver has minimum liability limits. Likewise, we want to know if the at-fault driver has plenty of potential insurance coverage. O.C.G.A. § 33-3-28 (a)(1) states:

Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information.

What Does the Letter to An Insurer Requesting Policy Limits After a Car Accident Need to Say?

A letter requesting policy limits must include:

1. The claimant’s request shall set forth the specific nature of the claim asserted;
2. The request must be made under oath; and
3. It shall be mailed to the insurer by certified mail or statutory overnight delivery.

The law further requires that: The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.  

Learning how much insurance is available to cover a car accident is a critical part of learning how much resources are available to compensate you for your injuries following a car accident. If you have been involved in a car wreck that resulted in catastrophic injuries, you want to know if the at-fault driver has minimum liability limits. Likewise, we want to know if the at-fault driver has plenty of potential insurance coverage. O.C.G.A. § 33-3-28 (a)(1) states: Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information.

What Does the Letter to An Insurer Requesting Policy Limits After a Car Accident Need to Say?

A letter requesting policy limits must include:

1. The claimant’s request shall set forth the specific nature of the claim asserted;
2. The request must be made under oath; and
3. It shall be mailed to the insurer by certified mail or statutory overnight delivery.

The law further requires that: The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim. When evaluating any tort/personal injury case, trial lawyers are concerned with the ability of their client (you) to receive payment for the damages suffered. Understanding insurance law is a crucial aspect of getting most clients the compensation that they deserve. Ben Sessions previously worked on behalf of one of the largest insurers doing business in Georgia (and the United States), and he understands that business and the tactics that insurers use to limit their payments to those harmed by others.

Avoid any gap in medical care after your car accident or personal injury. When a doctor or other care provider tells you to do something, do it in the time period that they direct you to (within reason). The reason why this is so important is that the insurance company on the other side of the car wreck or incident that caused you personal injury is going to examine your medical records for instances in which you did not follow your doctor’s directions regarding the care that you should receive.

Similar to uninsured motorist coverage, medical payments coverage is an absolutely essential part of making sure that you receive the medical treatment that you need after a car accident. Like uninsured motorist coverage, medical payments coverage is an optional insurance policy. You are not required to purchase it, but there is not any reason why you would not purchase medical payments (or “med pay”) coverage in connection with your auto insurance policy. In Georgia car accident cases, we do not typically a setoff for medical payments coverage. A setoff for medical payments coverage would mean that a verdict obtained in the trial of an injury case would be reduced by the amount of medical payments coverage paid out to you. Likewise, in Georgia, we do not typically see subrogation efforts by insurers that pay out medical payments benefits under automobile insurance policies.

After you're involved in a car accident, the first thing you should do is notify emergency services by calling 911. Attempting to render medical car for people injured in a motor vehicle crash can be risky unless you are trained. However, use your commonsense in determining if there is someone injured in the accident that needs immediate care. For example, if a vehicle involved in the crash is at risk of catching on fire or submerged in water, work to assist the driver or passengers from the vehicle to the extent that you can do so safely. Generally, you do not want to attempt to move or render aid to any driver or passenger injured in a car accident unless an immediate emergency is occurring.