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Stephen Mark Ozcomert

Stephen Ozcomert’s Answers

4 total

  • I was in an accident in fulton co. and the driver who totaled my car was at fault and lives in a different county. I want to

    file a claim against his auto insurance co. for my personal property that was destroyed in the car. Where do I file the magistrate court claim and what other steps should I include in the process. The personal injury claim has already been set...

    Stephen’s Answer

    As the other answers indicate, I am concerned that you may have signed a "general release of all claims" that will likely preclude your ability to collect for property damage. Did you have an attorney represent you on the bodily injury claim? If so, you need to ask your attorney about this issue. Perhaps your lawyer carved out the property damage claims from the bodily injury release. If not, you are likely out of luck. In the event the release did not cover the property damage, then you can bring suit in the magistrate court in the county in which the other driver resides.

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  • Cant find medical help after accident involving semi

    I was in an accident June 2011. I have been to the er twice. They believe it to be nerve damage, but my regular Dr wont see me. I've called everyone in the phone book and no one will see me because I was a passenger. I do have my own medical insur...

    Stephen’s Answer

    You need to speak with your attorney and see if he or she is knowledgeable about getting you the medical treatment you need on a "lien" basis. You need the treatment and all else is secondary. I cannot recommend that you fire your current attorney, however, it is important for you to know that you have the right to do so should you become dissatisfied. Also, the ethical rules do allow you to consult with another attorney for a "second opinion". Should you desire to speak to a lawyer, feel free to call.


    Steve Ozcomert

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  • How to handle harrassment

    Hello. I have been harrassed by my fiances soon to be ex-wife for months. She generally sends a text message or an email. But this week she emailed some executives at my place of employment saying she had information about me that could damage th...

    Stephen’s Answer

    You need to see a local attorney. There are several possibilities that come to mind. First is to see whether her conduct violates any local criminal statutes. For example, she might be guilty of making "terroristic threats" depending upon the statute that exists in your area. If so, you could possibly seek a warrant for her arrest and that might discourage the behavior. Another possibility would be to sue for libel (written slander) or defamation given the false information she is spreading about you to your employer. Finally, on a practical note, you may wish to block her phone number or change your cell phone number to decrease her ability to contact you in a malicious manner. Good luck!

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  • Vehicle repair shop employee got in an accident with my vehicle on a test drive and it is now totaled.

    According to the police report, the shop driver was not at fault. The insurance company of the negligent driver offered an unfair amount for my vehicle. Additionally, the new engine has essentially no miles and I'm out the money for that. What'...

    Stephen’s Answer

    Depends upon your insurance coverage and deductible. If you have collision coverage, then your insurance coverage may well pay for your damages (less your deductible) and then will pursue recovery from the negligent party and, hopefully, recover your deductible for you. If you don't have insurance that will pay the claim, then you may have to sue the person and/or his employer for negligence. The police report is not determinative of who was at fault, only what the police officer thought at the time based upon his or her investigation (which is often short due to the press of their duties). In Georgia, the police report is not currently ordinarily even admissible. Magistrate Courts in Georgia (small claims in other states) allow you to sue without an attorney but be aware that the rules of evidence will still apply. Thus, you may well want to bring a lawyer with you to court. Magistrate Court has jurisdiction up to $15,000 so it should be the appropriate venue for your case. Good luck!

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