Auto Accident Insurance Claims Process: Navigating Settlements Efficiently

When navigating the aftermath of a vehicle collision, understanding the essentials of auto accident insurance claims is crucial. MetLife defines an insurance claim as a formal request made by a policyholder to their insurance company seeking payment following a covered incident, such as a car accident.

Types of insurance coverage include: 

• Liability Coverage: Addresses expenses associated with injury or damages to others you are responsible for. According to Georgia law, the minimum limits of liability insurance are as follows: Bodily Injury Liability is set at $25,000 per person and $50,000 per incident, while Property Damage Liability is set at $25,000 per incident.
• Collision Coverage: Covers damage to your vehicle post-accident. While the state of Georgia does not require collision insurance, it’s worth noting that the financing company for your vehicle may have its requirements in place.
• Comprehensive: Takes care of damages not resulting from a collision (e.g., theft). Like collision insurance, comprehensive coverage is not obligatory in Georgia; however, it might be necessary if a lending institution finances you.
• Personal Injury Protection (PIP): Also known as no-fault coverage, assists with medical expenses and lost wages regardless of who’s at fault.
• Uninsured/Underinsured Motorist: Protects you if the other party lacks sufficient coverage.

Clients often face several hurdles when navigating the claims process after an auto accident. At Conoscienti & Ledbetter, LLC, we’re familiar with these challenges and consistently strive to guide our clients through them with the utmost attention and skill, grounded in our 40 years of collective experience.

Disputes Over Fault and Liability

Determining fault in Georgia is a critical component of any personal injury case. Under Georgia law, a modified comparative negligence model outlined in § 51-12-33 is followed. This means that plaintiffs can only seek compensation from the other party if their fault is less than 50%. In cases where both parties are at fault, the damages awarded will be reduced based on the percentage of fault assigned to the plaintiff.

This can often lead to disputes, as each party may attempt to shift blame and avoid responsibility. Insurance companies may question the damages or the extent of liability, necessitating a thorough investigation, often involving adjusters, witness statements, and photos from the accident scene. We stand firm in our commitment to counter disputes on liability and advocate zealously for your right to a fair settlement.

Other common reasons for delays include:

• Investigation complexities: Time-consuming assessments of the accident and related damages.

• Heavy documentation: Extensive paperwork and evidence collection.

• Insurance company strategies: Attempts to minimize payout.

Delays and Denials

Clients may encounter postponements in the insurance company’s response or outright denials of claims. Such denials can be based on the insurer’s insurance company’s interpretation of the accident or the coverage policy details. In these instances, our dedicated approach involves clearly and effectively documenting your claim, helping to expedite the process and appeal unjust decisions.

If you face denial, our options include:

• Negotiation: We engage in assertive discussions with the insurance company.

• Appeal: We don’t hesitate to challenge wrongful denials through the proper channels.

• Litigation: We possess the dynamic legal skills to take your case to court when necessary.

 If you face challenges, such as a denied or underpaid claim, consider enlisting our help. At Conoscienti & Ledbetter, LLC, we champion the just compensation our clients deserve, leveraging our extensive legal experience.

At every step, we embody honesty, integrity, and efficiency principles. We can take your claim to court if negotiation with the other insurance agent or provider does not yield a fair settlement. We aim always to secure a settlement that reflects the actual cost of your property damage and personal suffering.

Following Georgia Code § 33-4-7, insurance companies must handle claims promptly and fairly. If an insurance company acts in bad faith, policyholders can report to the state’s insurance commissioner or a consumer insurance advocate.

Georgia Code § 33-4-6 also allows policyholders to file a lawsuit for bad faith if a claim is not settled within 60 days. As your attorneys, we will ensure that your insurance company upholds its obligations and protects your rights as a policyholder.

Preparing for the Unexpected: Minor Accidents and Uninsured Drivers

In moments following a minor auto accident, it’s crucial to remain composed and mindful of the necessary steps to safeguard your interests, especially when an uninsured or underinsured other driver’s insurance company is involved. At Conoscienti & Ledbetter, LLC, we understand the complexities that arise in these scenarios and are dedicated to providing support and guidance.

Immediate Actions:

• Ensure Safety: Move to a secure location and check for any injuries.
• Document the Scene: Take photographs and note details of the accident.
• Exchange Information: Get the other driver’s details. If they lack insurance, it’s even more vital.

Navigating Insurance Claims in Georgia:

 Georgia law requires motorists to carry auto insurance, but when an uninsured motorist causes an accident, victims are often left uncertain about their next steps. That’s where Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage can be invaluable.

Georgia law (OCGA §33-7-11(a)(1)(A)) mandates uninsured motorist coverage by automobile insurers. It must match the liability coverage purchased, with minimum amounts of $25,000 per person, $50,000 per accident for bodily injuries, and $25,000 for property damage. These coverages are part of your insurance policy and can help cover costs when the at-fault driver cannot.