I was in a car accident and other driver does not have insurance my car is a total loss what should I do?

Car/ Auto Accident
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Answers (2)

Howard E. Spiva

Howard E. Spiva

Contributor Level 6
I am licensed in Georgia and can not advise you on your state's laws.

However, you need an attorney. You may want to contact the local bar for a reference.

You also need to contact and notify your insurance company.

Meanwhile maintaining evidence is important. Save all documents. Take photographs of any relevant matters, in a car wreck that would include the scene, vehicle damages and any visible injuries.

Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
Medical Malpractice claims can be longer or shorter.
You should act now!

Do not give the "other side", their insurance company nor their lawyer a recorded statement.

In injury cases do not sign a medical authorization.

Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.

Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.

Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.

Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.

Statutes vary by state and like most rules, almost all have exceptions.

~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.

~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. As an example here is some more detailed information on Georgia Statutes m/node/738402

~Act now!

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com
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Jason Eric Kipness

Jason Eric Kipness

Contributor Level 7
You need to contact a Houston personal injury attorney, if injured. For property damage/total loss, you can report a claim to your insurance company for payment, but you will have to pay for the deductible. Otherwise, just buy a new car.

For auto accident information, please visit link below.

Good luck.

Jason
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