Skip to main content
Shane Edward Bartlett

Shane Bartlett’s Answers

21 total

  • Is it true it is hard to demand for more than coverage limits?

    I read the minimum amount of auto liability coverage in Georgia is $25,000/$50,000/$25,000. When I asked a lawyer whether he can demand for more than $25,000 if the at-fault car driver only carries the coverage $25,000, the lawyer replied it is ha...

    Shane’s Answer

    • Selected as best answer

    The insurance company has agreed to cover up to $25,000 in exposure. As such, you have to give them the opportunity to pay that amount, following a particular procedure and law in demanding they pay those limits within a legally defined time frame. This is why it is important you hire a good lawyer to craft this demand - because you can set the insurance company up. If the demand is properly issued, and the insurance company fails to pay the policy limits, there is the potential they will be on the hook for any additional you may recover at trial - over and above the limits. This is called a bad faith claim, because the insurance company failed to protect its insured by failing to pay the limits. You want to make sure the demand is drafted and issued correctly, because if the insurer fails to pay the limits, you do not want them to have an out based upon a technical deficiency in your demand.

    See question 
  • Time to respond to discovery, served to me with the Civil Action Complaint

    In Georgia, how long do I have to respond to Production of Documents and Interrogatories if they are requested of me at the same time I am served the Civil Complaint? It is my understanding that I have 45 to 50 days to answer the discovery questi...

    Shane’s Answer

    You have 45 days to respond to discovery questions served at the same time as a complaint - otherwise, the deadline is 30 days. So if you receive additional discovery at a later date, you need to respond within 30 days. Whether or not discovery questions are "objectionable" is really a legal analysis that should be left up to an attorney. As such, you should consider consulting with a lawyer.

    See question 
  • I WAS IN A CAR ACCIDENT LAST MONTH AND HAVE NOT SEEN ANYONE YET ABOUT A CLAIM AND THE OTHER CAR WAS IN THE WRONG SO HOW LONG DO

    A CAR HIT THE CAR I WAS IN AND THE PEOPLE INSURANCE COMPANY HAVE NOT BEEN OUT TO TALK ME

    Shane’s Answer

    I agree with the others, that you should first report this matter to your own insurance. Also, you should consult an attorney regarding the potential claims you may have and the best course of action. The short answer to your question, you have 2 years from the date of accident in which to bring a bodily injury claim against the at-fault driver, and 4 years to bring your property damage suit.

    See question 
  • Small Claims Car and Truck Accident

    Is there any lawyers who would consider representing me in small claims court regarding a car/tractor accident. The trailer hit us in parking area but insurance denied fault (twice). been waiting 8 months and lawyer dropped case and the magistrat...

    Shane’s Answer

    Feel free to give me a call. Given the limited information, I have several questions for you before I can provide you with an adequate answer on the best options for moving forward.

    See question 
  • Bodily Injury...soft tissue damage, (swollen neck), back spasms,

    My son was on my insurance policy with a vehicle that was registered to him. We were involved in a accident and the other party refuses to pay for medical bills etc. Had a lawyer but no longer have a lawyer, Can I sue his insurance company for b...

    Shane’s Answer

    It is in your best interest to consult with a second attorney concerning the best approach at coverage for your son's injuries - whether that be through your insurance (if available) or that of the at-fault driver (if insured). Given the limited information, I believe a consultation is necessary to adequately answer your questions.

    See question 
  • DO i have to appear at a civil deposition if I have not received a subpoena?

    I never received a subponea. Do I have to testify in the deposition with the dates given?

    Shane’s Answer

    This depends on a few things, first of which is whether you are a party to the case? If so, you could be noticed to attend and hopefully you already have an attorney with whom you should speak (if not, you should consider hiring an attorney). If you are not a party, your attendance would most likely require a subpoena as well as mileage fee. However, even if you are not a party to the suit, you may want to consult an attorney if you feel the deposition testimony may impact you in any way.

    See question 
  • Mother was involved in an accident with expired license. It was the other driver's fault. Will his insurance still cover her.

    My mother is currently a driver on the insurance policy. My car was totaled, will the at fault driver's insurance deny to replace my car?

    Shane’s Answer

    If the other driver is at fault and was cited for causing the accident, his insurance should cover the damages to your vehicle. However, if your mother was cited for the expired license, she may want to speak to a criminal attorney as her license could be suspended.

    See question 
  • I was riding my bike down the sidewalk and was about to cross an intersection and a truck pulled out on a red light right on red

    I collided with the passenger side of the truck then he drove another 5 or so feet running over my bike. I have a cut on the frontal lobe took 6 stitches, contusion shoulder wrist, and calf pain

    Shane’s Answer

    If you are having ongoing medical issues, I would suggest you consult with your primary care physician for the proper referrals. I would also suggest you contact an experienced personal injury attorney as soon as possible.

    See question 
  • What is my recourse against the first surgeon who has caused permanet damages?

    Meniscus surgery in 11/11 was found to have not been performed complete which has led to additional fraying and tearing of the remaining 50% of the meniscus. Since the original surgeon had MRI in 5/12 showing this he said there was nothing wrong...

    Shane’s Answer

    Based upon the information provided, it appears you may have a malpractice claim. However, understand that malpractice claims are very difficult and complex matters and as such you should speak with an experienced malpractice attorney as soon as possible. Be sure to take all medical records and reports with you when you meet.

    See question 
  • My mother drove my car and was involved in collision accident. The car is injured but my mom is not in my policy?

    Can insurance not pay for damage?

    Shane’s Answer

    Your mom would likely be considered a "permissive user" under your policy, if you in fact gave her permission to drive the car.

    See question