There’s a distinct difference between a first party and third party insurance claim in Georgia. If you drive a car in Georgia, then you’re legally required to carry auto insurance. Some people choose to carry just liability insurance. This kind of policy only covers injuries that are caused to other people in a car accident. If you have comprehensive coverage, it will cover damages sustained by anybody hurt in an accident, including you. The type of insurance you have usually depends on whether or not you own your car. If it’s still financed, you are required to carry full coverage. If you own your car outright, the decision to carry full coverage is up to you. Your Georgia car accident attorney will pursue the insurance policy of whoever was at fault.
When you are at fault, you’ll need to file a claim against your own policy. This is called a first-party claim. If the other driver was at fault, then you’ll have to file a claim against their policy. This is why it’s important that you call 911 immediately after your car crash. They’ll do a thorough investigation of the crash scene. They’ll also put together a police report that indicates who they believe was at fault for the accident. This will help your attorney determine what sort of claim you need to file.
What are the Odds the Insurance Company Will Pay Your Claim?
Most insurance claims are paid. If your claim is small, there’s a better chance of it being approved. The insurance company isn’t going to want to spend more money to defend a claim that it would cost to pay it. There are also some situations in which it is pretty clear as to who was at fault. For example, if you’re involved in a rear-end accident, the other driver will be assumed to be at fault. It is very rare that the front driver would be held liable.
When your claim is very large, there’s a better chance that it will be denied. The insurance company may want to take their chances in court. Or they may believe they can settle for much less down the road. This is where your Georgia car accident lawyer comes into play. They will try to negotiate a settlement of your claim. Nobody ever wants to go to trial. Trials are expensive and time consuming. Plus, there’s always the chance that you could lose. If this happens, you’ll walk away with nothing.
Why Would the Insurance Company Deny Your Car Accident Claim?
There are all sorts of reasons why an insurance company may deny your claim. The reasons are different depending on what sort of claim you’ve filed. If you filed a first-party claim, it could be denied for any of the following reasons:
- You didn’t pay your premiums and the policy was cancelled for non-payment
- You cancelled your policy
- The automobile you were driving was not listed on the policy
- You have a history of filing auto claims
- They do not think you were injured
Of course, if you’re filing a claim against the other driver’s policy, it’s a different story. This is called a third-party claim. Usually, this is the sort of claim that a Georgia personal injury lawyer would handle. If you’re not at fault, there’s a better chance that you’ll have a valid insurance claim for damages. If your third-party claim is denied, it could be for any of the following reasons:
- The insurance adjustor believes you were at fault
- You failed to submit the proper paperwork
- You didn’t report the claim in a timely fashion
- You weren’t injured or they think you’re exaggerating your injuries
If your insurance claim is denied, let your Georgia personal injury attorney know this. They can reach out to the insurance adjustor and find out the reason for the denial. They can also try to negotiate payment of your claim. If this isn’t possible, you’ll have no choice but to file a lawsuit against the defendant.
Call and Talk to a Seasoned Car Accident Lawyer in Georgia?
If you’re injured in a car accident in Georgia, you’ll have to file an insurance claim. This could be a first-party or a third-party claim. It depends on who was at fault. Hopefully, your claim will be paid. If it isn’t, then you’ll need an experienced car accident attorney in Georgia. They’ll try to get your insurance claim in Georgia paid right away. Schedule your free, initial consultation as soon as possible. It’s free and you don’t pay a dime until your case is resolved.
