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Insurance Bad Faith

do i have to pay my insurance company back in a personal injury case

Filing a Car Accident Claim with State Farm in Georgia

Filing a Car Accident Claim with State Farm in Georgia 750 501 Alex Weatherby

State Farm is one of the largest insurance providers in the United States. Therefore, it’s not surprising that State Farm accident insurance claims are quite common. While dealing with a State Farm accident claim may appear straightforward, there are reasons why you should hire an auto accident attorney to assist you in the State Farm accident claim process.

How Can a Car Accident Attorney Help Me? 

After reviewing your State Farm insurance claim, State Farm insurance adjusters commonly attempt to provide you with a first settlement offer that may not be the fair value of your injury. A personal injury attorney supports you through the State Farm accident claim process in several ways.

Determining the Fair Value of Your Injuries and Losses 

The extreme difficulty lies in determining the fair value of your injuries and losses during the State Farm accident claim process. A personal injury attorney reviews the accident report, medical bills, your State Farm accident claim, invoices for property damage, and researches information on related cases to gain a better picture of your compensatory losses. By compiling actual evidence to support your settlement value, an attorney pushes to obtain a fair settlement offer for your State Farm accident insurance claims. 

Negotiating on Your Behalf 

A qualified personal injury attorney works to represent you in negotiations to obtain just compensation for your injuries and losses. The initial settlement offer from State Farm may fail to compensate you adequately. However, after carefully reviewing your State Farm insurance claim, a personal injury attorney works diligently to negotiate a better settlement. In many situations, the evidence presented to State Farm by your attorney forces them to revise their offer to meet your demands—or face the threat of a lawsuit. 

Filing a Lawsuit 

While many State Farm insurance claims may result in successful negotiations and eventual settlement, some State Farm insurance adjusters may give you more difficulty. In these situations, you may wish to pursue a lawsuit to obtain just compensation for your losses. Pursuing litigation for your State Farm accident insurance claims pits you against State Farm’s extensive legal team. Retaining an experienced personal injury attorney to represent your interests ensures your needs remain the primary focus.

Sometimes pursuing a lawsuit results in State Farm Insurance’s critical analysis of the facts of your State Farm accident claim. In some situations, as the trial date gets closer, State Farm may opt to settle for a more considerable value than previously offered to avoid trial. 

Contact a Car Accident Lawyer at Weatherby Law Firm 

If you were injured in a car accident and seek fair compensation in your State Farm accident claim process, contact the attorneys at Weatherby Law Firm, P.C. Based in Atlanta, Georgia, Weatherby Law Firm, P.C. provides high-quality representation to clients with integrity, strength, and charm. We work to achieve the best results for our clients through efficient and honorable legal counsel. We believe in our purpose of assisting our clients and making their lives better after a car accident. Contact the attorneys at Weatherby Law Firm, P.C. to review your State Farm accident insurance claims and begin the recovery process.

Can I Sue an Atlanta Insurance Company for Denying a Claim

Can I Sue an Atlanta Insurance Company for Denying a Claim?

Can I Sue an Atlanta Insurance Company for Denying a Claim? 684 454 Alex

We buy insurance to protect our homes, cars, and even our health, expecting coverage to be there to help recovery when something goes wrong. But if your insurance company wrongfully refuses to approve coverage, they may be violating Georgia law. As a result, the insured may be able to file a bad faith claim against the company for their losses, under certain circumstances.

What Is Bad Faith in Insurance?

All insurance contracts carry an inherent presumption that the company will uphold their policy obligations. This includes that the insurer must settle legitimate claims within the scope of the policy’s coverage. When the insurer fails to do so and that failure is unreasonable, this is known as acting in bad faith. There are two types of bad faith claims:

  • First-party claims—when the insurance company refuses to pay or investigate a claim that the insured made for a loss, such as an auto insurance company refusing to address a claim made for vehicle damage in an accident; and
  • Third-Party claims—when someone sues an insured, and the insurance company doesn’t adequately defend, indemnify, or settle the claim to protect their insured from a liability judgment.

To avoid acting in bad faith, the insurance company should:

  • Act reasonably
  • Follow the policy’s terms
  • And, if the policyholder is sued, make a good faith effort to settle the suit on their behalf, if reasonable under the circumstances.

If the insurance company fails to do these things, they may be liable for bad faith damages.

What Companies Deny Insurance Claims and Why?

Insurance policies are long, complex, and boring. Because of this, most of us do not pay attention to the fine print until it’s time to make a claim.

In the terms of the policy, there is a grant of coverage (e.g. We will pay any damages as a result of a car accident.). Then there are certain conditions, exclusions, and exceptions from coverage (e.g. We will not pay damages for an intentional act.) When a claim is filed, an insurance company reviews the facts and the policy to determine if there is coverage.

While most insurance companies try to apply the policy terms as they’re written, sometimes, of course, insurance companies mistakenly deny claims that are within the coverage. If this happens, it can lead to bad faith claims. No insurance company is right 100% of the time. This would include, for example, Allstate, Unum, AIG, Conseco, State Farm, United Health, Torchmark, Farmers, WellPoint, and Liberty Mutual.

Seek Legal Help

In the event that an insurance company denies coverage, it is important to have an experienced insurance coverage lawyer review the facts and the policy. The insured may have additional rights that they will not otherwise know about. Likewise, an insurance company when facing a question on coverage, should generally seek the advice of an insurance coverage attorney to advise them. A mistaken denial of coverage can lead to a bad faith claim and serious financial gains for the insured and penalties for the insurer.

Contact Weatherby Law Firm, P.C. Today!

We have experience in insurance coverage, personal injury, wrongful death, catastrophic injury, truck accidents and more. We offer our clients dedicated legal representation. Contact our office via phone at 404-793-0026 or our online contact form.

Woman filing a claim with an insurance agent

Can You File an Insurance Claim Without a Police Report in Atlanta, GA?

Can You File an Insurance Claim Without a Police Report in Atlanta, GA? 1000 667 Alex Weatherby

If you were recently in a car accident in Atlanta, Georgia, you probably have a lot on your mind. You may be looking to file a claim with your insurance company. If you are the at-fault driver, you will need to file an insurance claim to protect your assets. If you are the injured person, filing an insurance claim can get you the compensation you deserve. Perhaps you are also thinking of filing a lawsuit against the other driver involved in the accident. In both cases, there is an important question: do you need a police report to file an insurance claim?

We will answer your questions about filing an insurance claim without a police report in Atlanta, GA. We will also discuss your next steps after a car accident if you do not have a police report.

Do You Need a Police Report to File an Insurance Claim in Atlanta?

It depends on your insurance policy. Some insurance companies do not require police reports. Some insurance companies may require a police report to process claims for personal injuries, so you should check your insurance policy for your company’s specific requirements. 

All insurance companies require a claim to be filed quickly after an accident. The insurance policy probably has language that requires claims to be filed “immediately” or something similar. Because of that, you should report the accident to the insurance company as soon as you can, with or without a police report. If one is required, then supplement your reporting with the police report as soon as you can.

Insurance companies require police reports because they provide valuable evidence about the accident. If you do not have a police report, it may be possible to file a no-police report insurance claim using a personal accident report available from the Georgia Department of Insurance (discussed below). 

Georgia state law requires drivers to report any car accident that results in an injury, death, or property damage over $500. It is in your best interest to call the police to the scene of a car accident even if the other driver just wants to exchange information. A police report can help with your insurance claim.

Can I Sue the Other Driver Without a Police Report?

If you did not report your accident to the police, you can still file a lawsuit. You can rely on other evidence to support your claim, such as physical evidence, photographs, witness statements, and your testimony. 

In Georgia, generally, you have two years from the date of the accident to file a suit for personal injuries. You have four years from the date of the accident to file a lawsuit for damage to your vehicle or other property. If you are suing on behalf of someone who died as a result of a car accident, generally, you have two years from the date of death to file a wrongful death claim.

Although you can sue without a police report, a police report is useful evidence in a personal injury claim. A report made at the scene of the accident preserves details that you or other witnesses might otherwise forget.

What Should I Do If the Police Did Not Come to the Scene of the Accident?

After an accident, if you did not call the police or they were unable to come, there are several steps you should take to file a no-police report insurance claim or a lawsuit.

Get Contact Information from the Other Driver

If there is no formal police report, you can make an accident report yourself. Your accident report should include at least the following information:

  • Name, birth date, address, and driver license number of each driver;
  • Year, make, and model of the vehicle involved in the crash;
  • Name, birth date, address, and driver license number of the vehicle’s owner if different from the driver; and
  • Date and location (city or county) where the accident occurred.

Include as much of this information as possible in your personal accident report. 

Make a Personal Accident Report

A personal accident report is a written report that includes the information listed above and a description of the accident. The Georgia Department of Driver Services website provides a form for filing personal accident reports. The description should include all the details that you can remember, including descriptions of any vehicle or other property damage. In the personal report, you can also include the contact information and accounts of any witnesses to the accident. Additionally, you can collect pictures or video of the location where the accident occurred. Pictures and video can be valuable evidence to support or defend a lawsuit or an insurance claim. You can present your report to your insurance company or in court as evidence to support your position.

Call Your Insurance Company

It’s crucial to call your insurance company to report the accident. Reporting an accident does not have to and should not include your admission of any fault for the accident. Most insurance policies require you to report any accident to the insurance company so that they can investigate. If you do not follow this policy requirement, your insurance company may raise your premiums, decline coverage, or decline to renew your policy. 

Filing a No Police Report Insurance Claim

Once you have reported the accident, you can file a claim with either your insurance company or the other driver’s insurance company. Georgia is a “fault” state for car accidents. This means that the at-fault driver is responsible for compensating other parties for injuries and damage. If you believe the other driver involved in the accident was at fault, you may file your claim directly with the other driver’s insurance company. We recommend that you file with both your insurer and the at-fault driver’s insurer, to make sure that all your bases are covered.

Contact an Auto Accident Lawyer in Atlanta, GA

If you want to file a lawsuit after your car accident or are defending a lawsuit, you should contact an experienced Atlanta car accident lawyer. It is especially important to contact a lawyer if you, one of your passengers, or the other driver was severely or catastrophically injured in the accident. The skilled personal injury lawyers at Weatherby Law Firm, P.C. can help you ensure the injury compensation is fair and just.

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