Questions?

See some of our most frequently asked questions below.

Car Insurance

WHAT ARE MEDPAY & PIP?
Medical payments coverage and personal injury protection are optional no-fault coverages that can pay medical bills and offset lost wages. Thoughtful use and proper leverage of coverage can allow “double dipping”.
WHAT IS UM COVERAGE?
Uninsured or Underinsured Motorist Coverage can provide critical financial protection when there is serious injury or loss of life. Georgia’s minimum required insurance limits are set at a mere $25,000.
CAN I STACK LIABILITY COVERAGES?
When the at fault driver is not the owner of a vehicle involved in a collision or wreck, Georgia law allows for the possibility of multiple liability coverages. First to pay is the at fault vehicle owner’s liability policy, and this is usually true regardless of whether the owner was driving or even in the vehicle at the time of the incident. The law has exceptions, of course, for things such as rental cars and car dealerships, but generally the vehicle owner’s insurance is the first policy that will be required to pay for injuries, damages and financial loss.After the at fault vehicle owner’s primary liability policy has been exhausted or tendered (paid in full), any other liability policies that the vehicle owner has will then come into consideration. These policies must provide coverage to the at fault vehicle as opposed to another vehicle, but they also sometimes include “umbrella polices” that far exceed the standard liability coverage amounts on most vehicles. Umbrella policies are usually purchased by businesses or high net-worth individuals with significant personal assets to protect.Upon exhaustion of all vehicle owner insurance policies, the next coverages to be examined are those of the at fault driver. Although secondary, the at fault driver’s policy (or policies) can nonetheless be “stacked” on top of the aforementioned vehicle owner policies to create additional avenues of financial redress. Remember, however, access to additional insurance coverage is usually precluded if vehicle owner policies are not tendered.It is important to note that the stacking of liability policies may also involve multiple defendants with varying degrees of responsibility for the wreck. In scenarios involving multiple injured parties, negligent drivers or insurance policies an attorney should be consulted. Careful thought and planning are needed to achieve optimal results.

Liens Against My Case

ARE HOSPITAL LIENS ALLOWED?
Under Georgia law (O.C.G.A. 44-14-470) hospitals and doctors do have the right to file a medical lien against your personal injury case for accident related treatment. Quick action and knowledgeable negotiations may be the thing that prevents significant reduction of your injury compensation.
WHAT ARE LETTERS OF PROTECTION?
Usually negotiated by your attorney, LOPs allow immediate health care treatment in return for payment once your personal injury claim is resolved. LOPs ensure that you do not pay substantial upfront medical costs, while the medical specialist provides the care you may desperately need.
DO I REALLY HAVE TO REIMBURSE MY HEALTH INSURANCE CARRIER?
The fact that some health insurance carriers have a right to reimbursement (i.e. subrogation) for medical bill expenses paid relating to your motor vehicle accident comes as a shock to many clients, and even some attorneys who are not familiar with the complexities of personal injury law. Why, would your health insurer expect or be allowed reimbursement when they pay personal injury claim related medical bills? Clearly, they don’t expect repayment if you accidently fall and break your arm, so why is it different for car wrecks, slip and falls, dog bites, etc.?The answer is that nearly all health insurance providers have a reimbursement provision buried in the health insurance contract that you or your employer signed. Health insurance companies feel they have a right to some or all of the money from your case because they would not have had to pay medical bills if there was not a negligent party that caused the accident. Of course, all of this “logic” regarding the merits of reimbursement / subrogation does not change the fact that you were the one injured, you have been paying health insurance premiums all along, and you might be relying on the money from your claim to achieve some sort of financial stability following a devastating and expensive injury.Thankfully, the Georgia Supreme Court understands this and has adopted a legal standard known as “made whole”, whereby private insurance companies are usually barred from collecting medical bill reimbursement from a personal injury claim settlement. This position has also been codified by the Georgia Legislature (O.C.G.A. § 33-24-56.1). Unfortunately, this rule does not apply to health insurance plans governed by federal law including ERISA, Medicaid, Medicare and Tricare. Regardless of the type of insurance coverage you have, different and complex rules govern the timing and amount of reimbursements paid to health insurance carriers following a personal injury claim. A mistake in this area can lead to substantial financial penalty or even loss of health insurance coverage.

Medical Bills

ARE CERTIFIED RECORDS BETTER?
We think so. Certified medical records can be admitted at trial without needing to question a doctor under oath or have a medical records custodian authenticate them in court. While they do cost more up front, their admissibility as evidence can help provide significant negotiation leverage.
CAN I PROTECT MY CREDIT?
The length of time between medical treatment (and billing) and resolution of a personal injury claim can lead to financial stress while bills accumulate and go unpaid. Continuous communication with providers and health insurers, as well as a specific plan for credit protection is something you should expect from your attorney.
WHAT ARE TIMELY FILING DEADLINES AND WHY ARE THEY SO IMPORTANT?
Personal injury claims are fraught with pitfalls, but perhaps no scenario is more commonly frustrating to claimants and their attorneys than deliberately missed Timely Filing Deadlines or TFD’s. Private health insurers and government back health insurance providers such as Tricare, Medicare and Medicaid all dictate that a medical provider must submit medical treatment bills within a certain timeframe. If the healthcare provider fails to submit the bills during this window, the provider risk losing its right to reimbursement from the insurer for any bills not submitted before the TFD.The logic behind a TFD is obvious and understandable. Health insurers and government back insurance providers cannot be expected to pay medical bill claims to a doctor, hospital or other health care entity years after treatment. Auditing the bill for authenticity and accuracy, as well as the basics of maintaining a balance sheet demand that medical bills be submitted in a timely manner.Under most scenarios medical providers submit medical bills to private health insurers or government insurance providers in advance of the timely filing deadline. Private insurance usually allows for several months, and government health insurance can be billed much later. The problem occurs when the medial provider finds out that your injuries may give rise to a personal injury claim, such as those that occur from a car accident. At this point, medical providers often start to anticipate that your personal injury recovery, may far exceed the reimbursement reduced payment rates the medical provider can expect from the health insurance carrier or provider.Armed with the statutory power to attach a medical lien to your personal injury claim, some medical providers will choose not to bill health insurance and wait for you to complete your personal injury claim. This is a curious and risky strategy by medical providers, as they often have no indication of the amount of insurance coverage or defendant assets that are available to address the outstanding medical bills. However, this in of little comfort to personal injury claimant who is still liable for the unpaid bills.Combating hospitals and doctors armed with medical liens takes not only knowledge of various health care insurers and different types of insurance coverage, but also an understanding of reimbursement rates, CPT codes, medical lien statutes and the legal options and rights available to patients. We strongly recommend that if your medical provider is refusing to bill your health insurance provider, you call an attorney immediately. Time is truly of the essence.

Property Damage

WHAT IS DIMINISHED VALUE?
If two used cars were the exact same (color, mileage, etc.), but one had been in a wreck, which one would you buy? Georgia law recognizes this inherent loss of value, and can allow for additional property damage compensation.
MONEY FOR PERSONAL EFFECTS?
When a baby seat, cell phone, laptop or other piece of personal property is damaged or destroyed in a car accident, you are owed compensation. We can assist if the insurance company thinks otherwise.
HOW DO I GET FULL VALUE FOR MY PROPERTY DAMAGE LOSSES?
Making a property damage claim can be an easy process or full of headache depending on the circumstances. However, they are rarely as simple and transparent as the insurance company would have you believe. In addition to a claim for vehicle property damage, the vehicle owner may also have claims involving split liability, diminished value, damaged or destroyed personal effects, a rental car and/or loss of use. Moreover, these claims could be made under liability coverage, collision coverage or uninsured motorist coverage as the dictated by the facts.When navigating this maze of potential claims and trying to secure fair compensation, it is important to realize that many adjusters will not volunteer critical information that could significantly impact the value and/or scope of your claim.Imagine, for instance, that the at-fault party’s insurance company unreasonably delays repair to your damaged vehicle while they are “investigating”. Also, you choose not to use your insurance, and therefore forgo a rental pending their decision.In this scenario, when the liability carrier finally decides that their insured did in fact cause the wreck, you will likely receive a rental. However, the at fault party’s insurer is unlikely to tell you that you may also be entitled to a separate loss of use check for the time you were without a vehicle. Securing full compensation for all your property damage claims should be your goal. It is certainly ours.

Ante Litems

WHAT ARE ANTE LITEMS?
Bringing a personal injury claim against a city, municipality or county government must be handled differently than pursuing a claim against a private person or corporation. Statutory requirements under O.C.G.A. § 36-33- 5(b) (city) and O.C.G.A. § 36-11-1 (county) impose strict notice and timeline prerequisites necessary for pursuing an injury claim. Failure to follow the statutory requirements exactly can result in a waiver of your claim. If you have been injured by the actions of a government employee or on government property, immediate consultation with an attorney is highly advisable.

Car Seats

WHAT ABOUT CAR SEATS?
You should always replace a car seat if it was involved in a motor vehicle accident, even if your child was not involved in the incident. This recommendation comes directly from the National Highway Traffic Safety Administration (NHTSA) and should be take very seriously. Car seats are made mostly of pliable plastic and are therefore highly susceptible to the impact force and vibrations of a crash. Moreover, structural damage can occur that is simply not detectible to the human eye. The car insurance company should pay for a replacement seat as part of your property damage claim, and there is no reason to risk your child’s safety.

Loss of Consortium

WHAT IS LOSS OF CONSORTIUM?
Injured clients who must rely upon their spouse for physical, financial or emotional support often ask if their spouse has an injury claim as well. Georgia law does make provisions for married individuals, recognizing that what happens to one individual in marriage can negatively impact the spouse as well.Primarily intended to address diminished “love, companionship and conjugal affection” a loss of consortium claim should be considered when pursuing personal injury claims, especially those that involve significant, serious or catastrophic bodily injury. It should be noted, however, that most standard insurance policies will treat loss of consortium claims as part of a “single injury”, and therefore not independent of the injured spouse’s bodily injury claim. This means that the claim of the uninjured spouse for loss of consortium could be paid from the same money available to the injured spouse for his or her bodily injury claim. Obviously, there are situations where this would not be advisable or economically feasible.

Loss of consortium claims must be brought within four years of the underlying injury. (O.C.G.A. 9-3-33).

Social Media

STOP USING SOCIAL MEDIA?
It may be perfectly appropriate and even advisable for you to post pictures of your motor vehicle accident and bodily injuries to social media such as Facebook, Twitter or Instagram. However, what we strongly suggest is that you consult with your attorney before you start to make these posts or discuss the incident in a public forum. After years of experience battling insurance companies, we can assure you that they will use anything they can to devalue your case, even if it is taken out of context. After you have spoken with your attorney and discussed appropriate social media content and best practices, you should be able to resume some or all of your social media activities.

Statue of Limiations

WHAT ARE STATUTE OF LIMITATIONS?
Under O.C.G.A. 9-3-33, Georgia law limits the amount of time you can pursue a wrongdoer for personal injury, wrongful death or medical malpractice. Known as the statute of limitations, the deadline for bringing most personal injury claims is two years from the date of the incident or act. Put simply, you must file a lawsuit within two years of your injury or you risk losing your rights to any and all recovery.There are instances where the statute of limitations does not start on the date of injury and is therefore “tolled”, but you should never assume that an exception applies without first consulting an attorney. Examples where a personal injury claim may be initiated after two years include injuries to minors (clock starts when they turn 18), an unrepresented estate of a deceased claimant (tolls limitation period for 5 years), and an unresolved crime that gives rise to the personal injury claim. Fraud that prevents a victim from filing suit is an additional area where the two-year statue of limitations may not apply.Regardless of whether or not you believe two-year statue of limitations applies to your case, you should always consult with an attorney. It may be inadvisable to delay pursuit of your claim, even if more time is permitted. Also, it is certainly possible that a recent court ruling or a change in the law could impact the time you have to pursue your rights for injury compensation.
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