Auto Accident Attorney Team in Atlanta – Serving Fulton County, Clayton County, and the Entire Southeast
Auto accidents can be overwhelming and extremely detrimental to the physical and emotional well-being of the victims - especially when caused by a negligent or reckless driver. If you've suffered an injury in an auto accident, a car accident attorney from our Atlanta firm, serving Fulton County, Clayton County, and communities throughout Georgia, can provide sound legal advice and representation, should you decide to file a claim against the party at fault. Read through commonly asked questions about auto accidents, and contact Kaine Law, LLC for a consultation with our team.
Who determines the amount of compensation for my damaged vehicle?
Can I get a rental car?
Do I really need a car accident attorney or can I settle my own claim alone?
Where can I find medical treatment?
What is "fair compensation" for my injuries?
Who determines the amount of compensation I'll receive for my damaged vehicle?
Property Damage Estimates: After a motor vehicle accident, (automobile or motorcycle), you will need to obtain an estimate for the damages to your motor vehicle. You have to be certain that the repair shop looks at both the outside body and the undercarriage of the vehicle for damage, because you more than likely have damages to both areas. You should visit two different body shops in order to get an estimate; the first body shop should be one that is recommended by the insurance company and the second shop should be independent. Doing this will give you the clearest and most neutral estimate for your damages.
Total Loss: A vehicle is declared a total loss if the costs of your repairs are greater than the fair market value of the vehicle. The fair market value is the amount of money that your vehicle is worth, if it were undamaged and sold on the current market. For more information on the fair market value of your vehicle, please visit the National Automobile Dealers Association NADA Guides website, where you can calculate the value of your vehicle by selecting your vehicle type, model year, and options.
Can I get a rental car?
Yes. Per Georgia law, you are entitled to a rental car if your vehicle is damaged due to an accident that is not your own fault. If your vehicle is a “total loss,” you are eligible for a rental car from the day of your accident until the day that you receive an offer for the vehicle from the insurance company for the at-fault vehicle. The insurance company for the at-fault vehicle will not pay for the rental car after the day of their offer.
If your vehicle can be repaired, you are still entitled to a rental car while your vehicle is being repaired. However, as soon as you are notified that your vehicle is ready for pick-up, you are responsible for returning the rental car. The insurance company for the at-fault vehicle stops paying for the rental car when your vehicle is ready.
Usually you have to pay for the rental car yourself out of your own pocket and then the insurance company will reimburse you for your expenses.
It is important for you to communicate with the insurance adjuster about the property damage part of your claim. Make sure that you ask all of the proper questions:
- Does the insurance company work with rental car companies?
- Will the rental car company bill the insurance company directly?
- What is the maximum daily rate that the insurance company will approve?
- When will I have to return the rental car?
Having a clear answer to these questions will make your rental car process much easier.
You may have rental car reimbursement coverage under your own auto insurance policy. This coverage allows for you to obtain a rental car, regardless of who was at fault for the accident. However, the timelines mentioned above generally apply here as well. You must check your policy very carefully and fully communicate with the insurance adjuster to avoid any mistakes.
Do I really need a car accident attorney or can I settle my own claim alone?
In 2000, a court found that Allstate Insurance Company was conducting unauthorized practice of law, by persuading its adjusters to recommend that auto accident claimants not hire an attorney. In one instance, a claimant had medical bills greater than $75,000 because of an automobile accident where an Allstate insured was at-fault. The claimant was told by the Allstate claims adjuster that the most she could expect to recover for her injuries was $25,000. By taking this amount of money, $25,000, the claimant was then prohibited from any further compensation from the vehicle’s manufacturer for faulty seatbelts or from the parents of the driver who was at fault.
The insurance companies understand that effective legal representation can mean the difference between reasonable compensation for your injuries and a simple quick settlement. Allstate conducted a study which showed that when a claimant is represented by an auto accident attorney, such as our Atlanta-area car accident attorneys serving Fulton County and Clayton County areas, the compensation they receive is typically four times greater than if they settle the claim alone.
Where Can I Find Medical Treatment?
It is key that you obtain medical treatment immediately (or as soon as possible) for your injuries. Delaying the time between the day of your accident and your treatment could negatively affect your ability to obtain adequate reimbursement for you and for your injuries, including the costs that you incur as a result of the accident.
Health Insurance - PPO Plans
If you’ve been injured in a car accident and have PPO health insurance, you should check your health insurance policy “network” provider list. Most health insurance plans will pay for your emergency room hospital visit, regardless of whether that particular hospital is on the “list”. Depending on the type of injuries you have sustained, you may want to choose an “in-network” specialist, one from the insurance company’s list so that the PPO plan will pay for the doctor’s bills and you will personally have a minimal office charge. Remember, some PPOs will actually pay for “out-of-network” doctors and chiropractors also but at a lower percentage of their bill. This may leave you owing money to that doctor personally. You should discuss these options with your PPO health insurance provider directly.
Health Insurance - HMO Plans
If you’ve been injured in a motor vehicle accident and have HMO health insurance, your emergency room visit should be paid for. Afterwards, to continue treatment, you should contact your HMO in order to obtain an appointment with your “gatekeeper” doctor. The “gatekeeper” doctor will examine you and determine your need for a specialist.
HMOs are known for not providing hands-on care. Remember that your comfort and peace of mind are essential. If you feel that you are not receiving the treatment that you need, pick a different doctor that you are comfortable with, and arrange to pay that doctor out of the money from your settlement.
Many PPO and HMO health plans will ask that you sign a statement of their "right of reimbursement" or a "subrogation agreement" because you were involved in a motor vehicle accident. It is recommended that you not sign this agreement until you have consulted an attorney. These statements/agreements are usually unenforceable, but could severely reduce your total recovery. Essentially, these agreements allow your health insurance company to recover the expenses that they pay for your medical care directly from the at-fault insurance company. Although this may sound fair, it may not only reduce the amount of money that you personally receive but also consider the fact that you pay a premium to your health insurance company for them to cover these types of expenses. For example, if you were injured by a driver who has an auto insurance policy with $25,000.00 policy limits and you had $20,000.00 in medical bills that were paid by your health insurance company - if you signed the statement/agreement, and it’s found to be enforceable, you would only receive $5,000.00 and your health insurance company would receive the $20,000.00. However, if you didn’t sign it, you could receive the full $25,000.00, therefore covering your medical expenses.
Medical Payment (Medpay) coverage
If you are injured in a motor vehicle accident and have Medpay insurance coverage under your own auto insurance policy, then you are entitled to have 100% of your medical treatment paid for up to the coverage limit of your Medpay coverage (no matter who the doctor may be). Similar to PPO and HMO insurance plans, you should not sign any "right of reimbursement" or "subrogation agreement" without first consulting a car accident attorney. Contact our Atlanta firm, serving Fulton County and Clayton County, to schedule a consultation with an experienced auto accident attorney.
No Medpay coverage
If you’ve been injured in a motor vehicle accident and do not have any Medpay coverage as part of your own auto insurance policy, you have three (3) options:
- You can pay up-front and out of your own pocket fro your treatment;
- You can make an arrangement with your doctor to pay him/her from your settlement money; or
- You can retain an auto accident attorney who should set up an appointment for you with a doctor who work on a lien (a legal promise to pay from your settlement money)
Kaine Law, LLC has worked with numerous doctors and chiropractors on liens. You would pay nothing upfront for your treatment and your doctors are paid at the time of settlement.
What is "Fair Compensation" For My Injuries?
There are a number of different factors that help to determine what the fair compensation for your injury claim may be. These include:
The seriousness of your injury: Depending on the severity of the injuries that you have sustained and the duration of suffering endured, fair compensation varies. If, as a result of your accident, you require surgery, display signs of scarring, or have sustained broken bones, you will generally be compensated more liberally than if you suffered a “soft tissue injury” (a strain or sprain). If you have suffered a soft tissue injury, your recovery is usually based on the extent of your treatment.
Special damages: When an injury occurs, medical bills can pile up and you may be unable to return to work, which could result in lost wages. Compensation varies accordingly, because it is structured to properly cover the costs of medical care and help relieve the financial strain of lost wages.
Insurance policy limits: Georgia law requires that every automobile must carry a minimum of $25,000 in insurance coverage. This means that if you and your family are severely injured in a motor vehicle accident with someone who carries this coverage, even if your injuries are severe and costly, you may not receive more than $25,000 for your personal injuries and $50,000 in total for the claims of your family. You can protect yourself by purchasing “uninsured/underinsured motorist” (UM) coverage with higher limits from your own auto insurance company.
An auto accident attorney from Kaine Law, LLC, serving Atlanta, Fulton County, and Clayton County, can help you discover the necessary information about the applicable insurance policy limits in your case. We may also be able to “stack” various liability and uninsured/underinsured motorist (UM) policies to ensure that you receive the maximum recovery for your losses. Please contact our office for an appointment.
Property damage: The extent of damage to your property can significantly affect the amount of compensation that you are able to recover for your injuries. For example, most insurance companies will not pay “soft tissue” claims resulting from a minor impact. The “rule of thumb” is that a car repair estimate that is less than $1,000.00 greatly reduces your possibilities for fair compensation.
Willingness to litigate: The idea of a court case is overwhelming to many people and Kaine Law, LLC understands this uncertainty. However, Kaine Law, LLC handles these types of matters every day. Don't let fears or concerns about the legal system lead you to accept an insurance company's offer that is less than you deserve. Claimants who are represented by a car accident attorney tend to receive higher settlements from insurance companies than those who attempt to resolve these matters without legal counsel. Insurance companies know that represented individuals are able to and will exercise their legal rights.
Contact Us Today By Calling 888-KAINE-LAW (888-524-6352)
From our initial consultation to the resolution of your case, Kaine Law, LLC will handle all aspects of your case. Our attorneys and staff are experienced, trained professionals with an intimate knowledge of the law pertaining to automobile accidents, motorcycle accidents, and other personal injury cases. If you are the victim of an auto accident, an attorney from Kaine Law, LLC, serving Atlanta, Fulton County, and Clayton County, can provide you with trustworthy counsel and skilled representation. Contact us today for an evaluation of your case.
Call us today: 888-KAINE-LAW (888-524-6352)