GA state laws car/auto accident, personal injury tort law, insurance policy limits

Spinal Injury: I was in a car accident in Aug. 05. It was the other persons falt. My lawyers have been working on my case for over 3 yrs. I have been through a Cervical Fusion and have an injury to my facet joints. Dr's say I will have to have Radiofrequency for the rest of my life. This is where they burn nerves in my neck and upper back. The lady the hit me has insurance with AllSate and ony had a 25,000 policy. Can I expect to win a case with coverage like this. - Is this your question? Add additional information
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Answers (3)

Dennis Andrew Chen

Dennis Andrew Chen Avvo Pro

Contributor Level 7
If you have lawyers working on your case why are you asking your questions on AVVO? Ask your attorneys. There may be a liability problem that is causing the delay. Significant injury is not the only factor in determining if you can win.
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Kenneth L. Shigley

Kenneth L. Shigley

Contributor Level 5
I'm reluctant to second guess another lawyer who has been working on the case. Get a meeting with your lawyer and make sure you get a full understanding of the complexities.

It looks like the big problem is inadequacy of coverage. Georgia law does allow for an time-limited offer to settle for policy limits. If you give the defendant's insurer a reasonable opportunity to settle for its policy limits, and they don't, then you can under some circumstances recover up to the full amount of the judgment you eventually get against their insured. Of course, you run the risk that the insurer will snap up that offer and that will be all you ever get.

I had a case a couple of years ago with facts apparently similar to yours where an insurer that I will not identify here failed to respond to such an offer, and wound up paying $300,000 on a $100,000 before trial, when they recognized they had blown it. That's rare, but it does happen.

Again, I encourage you to get a conference with your lawyer and try to obtain a better understanding of what's going on. We all get busy and sometimes fail to fully communicate the complexities of what we are dealing with.
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Joseph Aaron Fried

Joseph Aaron Fried

Contributor Level 3
Ihope this has been resolved to your satisfaction by now, but you should direct this question to your lawyer
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