A major accident in Georgia sometimes can lead to disputes over liability and compensation. And in the process, injured parties can commit some costly mistakes. Here are the most common errors and how to avoid them.
Overlooking UM/UIM coverage
The at-fault driver’s low insurance coverage (with Georgia’s minimum being $25,000) might seem like the maximum amount you can recover. This is why you could be led to believe that if the at-fault driver has minimal insurance, their options are limited and the insurer might offer a settlement for the minimum amount.
If this is the case, investigate if you or someone in your household has Uninsured/Underinsured Motorist (UM/UIM) coverage under your policies, which can be helpful.
Not negotiating medical subrogations
These liens are always negotiable. A lawyer can aggressively challenge and reduce these subrogation demands, putting more of the settlement money directly into your pocket.
After reaching a settlement, you may be surprised to find that your health insurance has the right to reclaim the costs they covered for you. This is called a lien or subrogation, which will reduce your compensation.
Under the Georgia Code, the right to reimbursement is often limited by the “Made Whole Doctrine” and must be reduced by a share of your legal fees. And even if liens happen, a lawyer can challenge and reduce their demands.
Postponing a complaint
Georgia is a state that operates with a statute of limitations, which means that in most cases you only have two years from the date of the accident to file a personal injury lawsuit. If you have been injured, it is important that you seek legal help as soon as possible so an attorney can collect evidence while you are recovering.
Errors like the ones previously mentioned can cost you the compensation you need for your wellbeing, but these can be prevented with adequate legal counsel.