If you are involved in a car accident in Fayetteville, GA, and suffer injuries, the at-fault driver’s insurance company is responsible for your compensation. They will pay for your medical bills, loss of wages, and any amount that you receive for pain and suffering. If you have an issue with the amount that you receive and feel that you deserve more for what you have endured following the accident, you have the right to file a lawsuit. But, who do you file a lawsuit against, the at-fault driver, or their insurance company?
Who is Responsible for Compensation?
Following an auto accident in Georgia, if you want to file a lawsuit, you must file it against the at-fault driver, not their insurance provider. When you take your case in front of a judge, there will only be one trial against the defendant. Their insurance company pays for their legal services if they are sued, and the insurance will also pay the verdict up to their policy limitations. Therefore, you don’t file a lawsuit against the insurance company itself if you don’t receive adequate benefits; instead, you bring suit against the driver.
If the At-Fault Driver is Sued, Do They Pay for Everything Themselves?
When a lawsuit is filed for fair compensation, in practically all cases the at-fault driver’s insurance company will pay the costs to hire additional lawyers to defend their case. Ultimately, their insurance company will pay the judgment that is rendered to the driver.
Typically, the at-fault driver themselves do not have to pay anything out-of-pocket except in rare cases where they don’t have insurance or enough coverage. That is the reason so many people believe that when you sue for fair compensation, you are filing a lawsuit against the insurance company itself and not the driver, or that the other driver pays all the fees out of their own pocket. It can cause a lot of confusion and has led to some victims refusing to sue for fair compensation because they don’t want another individual, guilty or not, to pay out hundreds of thousands of dollars for their medical bills and repairs.
At-Fault and the No-Fault States
If you have just recently moved to the State of Georgia from Florida, Hawaii, or one of the other thirteen ‘no-fault’ states, you may be wondering what an ‘at-fault’ driver is. After a car accident in Georgia, investigators look into the accident to find out which of the drivers was the one to break the law, making them the ‘at-fault’ driver and the other the victim.
It is possible for both parties to be at fault, which could lower the amount of compensation that is received. Once a decision is made on who was the negligent driver, the focus switches to payment and how much the victim should receive. The payout is meant to pay for all medical care, repairs, and other expenses that the victim may need while they recover.
The whole concept of the at-fault system is to protect the victims that had their lives turned upside down due to the poor decisions of the other driver. An advantage of this system is that the guilty party is held liable for their mistakes and must compensate for their crime, whether their insurance policy covers all the costs, or they must pay out-of-pocket. The good news is that this is a great motivation for more drivers in Georgia to pay attention and drive safely or else they will pay the price if they don’t have enough insurance to cover the costs.
How Do I Sue the At-Fault Driver for Fair Compensation?
The first thing that you will need to do if you want to sue the at-fault driver for fair compensation is to hire an experienced auto accident attorney in Fayetteville. They will help you gather the facts and all the documents that you have kept regarding the accident to build a better case for you.
There are three common reasons why drivers in Fayetteville, GA choose to hire an auto accident lawyer and file a lawsuit against the at-fault party.
- The Other Driver Doesn’t Have Insurance
If the at-fault driver doesn’t have car insurance or if they didn’t have coverage when the accident occurred, you have no way to get the compensation that you need without filing a lawsuit. This is one of the most common reasons for filing an auto accident lawsuit.
- Their Insurance Coverage Isn’t Enough to Pay for your Medical Costs or Property Damage
In the State of Georgia, drivers are only required to carry a minimum of $50,000 in bodily injury and $25,000 in property damage. Although property damage usually doesn’t exceed more than $25k in costs, medical bills can quickly go past the $50k mark. If that occurs, the at-fault driver’s insurance policy will not be enough to pay for the entire amount of compensation that you need.
- The Claim Process Is Taking Too Long
You may have attempted to settle the case by waiting on the insurance claim to go through; however, this process can sometimes take much longer than people anticipate. That is the point when most automobile accident victims choose to file a lawsuit.
Plus, there is also the fact that Georgia has deadlines for this type of legal payment to go through. The law for Fayetteville drivers is car accident victims only have two years to file a lawsuit in most cases, therefore as the deadline approaches, it may be a good idea to file a lawsuit just in case you don’t receive compensation before that date.
Filing a lawsuit will also help you get the attention of the at-fault driver and their insurance company. This could convince them to get in touch with their insurance provider and find out if the claim can be processed faster to avoid facing a lawsuit.
Car accident lawsuits can often be a complex situation, and if you are not familiar with the legal system, or have never filed a lawsuit in the past, you could find yourself in an overwhelming and stressful situation. In a situation where you need an experienced lawyer that handles auto accident cases, contact Wade Law Firm to achieve the possible outcome for your claim.