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Sessions & Fleischman, LLC

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470.225.7710

  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
  • Contact Us Now

The Difference Between an Insurance Claim & a Lawsuit

The Difference Between an Insurance Claim & a Lawsuit

There is a difference between an insurance claim and a lawsuit is important and one that both you and your attorney must understand. If you have been injured in a car accident, your attorney must provide notice to potential insurers of the accident. In providing notice to insurers, your attorney will obtain a claim number. That claim number is essentially the reference number for your case to be used in correspondence with the insurer.

Providing Notice of A Claim Is an Essential Part of Obtaining Insurance Coverage for A Car Accident Injury.

The establishment of the claim and providing notice of the claim to potential insurers satisfies the contractual obligation of notice of a claim that every insurance policy (that we are aware of) requires.

Filing a Lawsuit Within the Statute of Limitations Is Essential to Pursuing a Recovery when The Insurance Company Will Not Settle the Car Accident Claim.

Providing notice of a car accident claim to potential insurers is undoubtedly critical. However, establishment of the claim with an insurance company is not sufficient to protect the claim. In order to move forward with the claim in court if the insurance company is unwilling to settle the claim, a lawsuit alleging your injuries and damages caused by the car accident must be filed within the statute of limitations.

What Happens if Notice of A Claim Is Not Timely Given to An Insurer of A Car Accident?

If an insurer is not timely notified of a car accident injury and claim, the insurance can file what is called a declaratory judgment action. In the declaratory judgment action, the insurance company may ask the court to rule that the insurer is not responsible for the injuries caused by the accident.

What Happens if A Lawsuit Is Not Timely Filed After a Car Accident?

If a lawsuit is not timely filed after a car accident, the case is barred by the statute of limitations. Generally, the statute of limitations for personal injuries arising from a car accident is 2 years from the date of the accident.

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Atlanta Office:
3155 Roswell Road, Ste 220
Atlanta, GA 30305

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544 Mulberry Street, Ste 319
Macon, GA 31201
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300 East Montgomery St.
Milledgeville, GA 31061
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