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Christopher Matthew Simon
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Christopher Simon’s Answers

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  • Can i take action against progressive and the intoxicated person who hit me at fault

    A Highly intoxicated driver hit me and the police report said it has valid coverage but when I called the insurance progressive they told me it has no insurance., is progressive liable since they didn't cancel the policy and report it to the state.

    Christopher’s Answer

    It all depends on the reasoning behind progresses denial of coverage. Are they saying it was for failure to pay premium? If it was it comes down to whether or not a cancellation letter has been sent 10 days prior to the date of the crash. This is something that your insurance company will get into as it tries to recover its property damage numbers. If the cancellation was valid, there is no liability for progressive failing to report to the state of Georgia. The problem could be in the state of Georgia's computer database.

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  • Car accident w/ minor car damages 4 both parties & no injuries. Other party filed claim w/insurance. Shall I file2 against her?

    I had a minor car accident with minor car damages for both parties and no injuries. It happened in a private property of McDonald parking lot/drive thru in GA. Other driver said she was 10 wks pregnant so I insisted on having her checked. Police c...

    Christopher’s Answer

    Advise your insurance company of the claim. If it's fraudulent, they will sniff it out. Parking lot cases are notoriously weak and it will likely go away in the end. Don't bother claiming against her insurance as neither company will accept blame.

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  • Husband involved in not fault rear end accident. wife not in car. no lawyer involved. settlement release form mentions wife.

    the settlement specifys for wife to be paid $500.00, which is part of the husband's final settlement. No discussion of affect of accident on wife's life prior to the release claim asked to be signed by wife....in georgia, does the wife though not ...

    Christopher’s Answer

    It is very normal for the insurer to ask for a release from the wife. The $500 figure is being designated as a nominal amount so that there is consideration for the release. Most loss of consortium claims are worthless and less there is a significant injury to the spouse. If you send a demand on behalf of yourself and agreed on the settlement number, you can refuse to have to spell sign the agreement, but you're not really missing any value and less you have a substantial injury.

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  • Can I file a lawsuit against a hospital for negligence in this case?

    I went to a hospital emergency room with chest pain, shortness of breath, and swelling of the hands. Received x-ray and ECG. The doctor told me I could leave, but when I asked about the ring on my swelling finger, he said they needed to remove it ...

    Christopher’s Answer

    That is not a malpractice case. Malpractice cases do not settle without a lawsuit and that requires an expert affidavit. The harm you suffered does not justify the expense it would take to even get started.

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  • Is this an example of wrongful death

    My father was working for a man and his roofing company, details of the job are unknown other then a 3 stories building he fell off from and it killed him, the owner if the company never contacted Osha so the can do an investigation it's like he c...

    Christopher’s Answer

    If your father was an independent contractor, there's a chance that there is a liability claim against the man and his company. Many roofing companies treat their staff as independent contractors so there is a good chance. You should retain a lawyer and start an investigation immediately.

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  • How can I receive a settlement from my first car accident lawsuit before proceeding with the second?

    Hello, on April 1st I was rear ended in a car accident that has resulted in herniated discs in my neck and bulging disc in my lower back. I have been going to a physical therapist for the past 3 month and received steroid shots to help with recove...

    Christopher’s Answer

    You are kinda screwed. Georgia does not allow you to sue both in the same case and let the jury apportion damages. As a result, the only sure thing is the damages from the first wreck up until the date of the second. For everything else the subsequent driver will blame the first crash and the first driver will blame the second crash. There is rarely a happy ending to these types of cases. Your lawyer knows the facts of the first and should give specific advice.

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  • Is it too late to file a claim

    I was a passenger in a vehicle with my friend when she hits several cars on 6/4/15. we both were arrested, I was arrested for possession of marijuana and I am Not sure what she was arrested for. I injured my ribs and back, but while I was in jail ...

    Christopher’s Answer

    It's not legally too late to get medical care but imagine how a jury would feel if you were complicit in the drivers drug use and had to explain the delay in medical care due to incarceration. Proceed with caution because an insurer will likely deny the claim.

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  • "Release of Bodily Injury Claim" after being subrogated and settled with the insurance company doesn't sound right

    I was at fault in an accident and my insurance company settled with the other person by paying off my policy limit in exchange of a limited liability release. Recently I was subrogated by the other person's insurer. I paid the amount due and got a...

    Christopher’s Answer

    The limited liability release is not a shield to a subrogation claim by the um insurer unfortunately. Most insurers aggressively pursue people for these sums. You can strike a payment plan or wait for them to sue you and get your insurance involved again and ask for a free defense lawyer. The downside is if you did cause it and it was a legitimately bad injury worth what the um insurer paid on top of your policy, you may have to deal with the judgment. Each situation is fact dependent.

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  • My attorney settle my case without my permission. so I terminated his service, will I have to pay him if I don't accept anything

    an attorney settle my case without my permission, and the insurance company is not going to pay unless I sign a release form

    Christopher’s Answer

    That's a mess. So the law says the lawyer can bind you to the settlement with the insurer regardless of permission. Offer will never go up. Your fight is with the lawyer. if the lawyer won't reduce fees to the point that works for you, contact the state bar of georgia fee dispute division.

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