At the accident site, he was DUI - drugs - 4 months later toxicology reports have not come back. MY insurance co has paid for all medical bills and her car. They subrogated this claim to the insurance company of the driver and I got my deductible back. I have a claim in to the insurance company of the person that hit my daughter and they have yet to respond or pay anything. I have no plans to sue, however, there were items in my daughters car that were destroyed (she is a college student) -- as well as missed days from work. etc... Advice?
The insurance company most likely will not play fair with you. Under Georgia law your daughter is entitled to collect her medical bills (even though they have been paid) from the other party. Not only is she entitled to the medical bills she is entitled to assert a claim for puntiive damages against the other driver which is designed to punish and deter his behavior of driving drunk. I have seen the devastating effects of drunk driving accidents and there is no doubt in my mind that your daughter should file a claim and collect for this type of wreck, however the insurance company is not in the business of paying claims voluntarily they will likely let you wait until you hire a lawyer to force them to settle the claim. My firm exclusively practices personal injury cases and we handle this type of case on a routine basis.
Under Georgia law, a negligent driver is liable to an injured person for medical expenses, lost wages (if applicable), and pain and suffering. Evidence that the defendant driver is under the influence of alcohol may also allow for a claim for punitive damages. I would strongly encourage you to speak with an attorney for a more detailed analysis of your daughter's rights. Please feel free to visit my website and/or contact me directly for a free, no-obligation consultation.
I agree that you should contact an attorney immediately to discuss your options. Please let me know if we may be of assistance.
Steven I. Goldman
GOLDMAN & ASSOCIATES
The Equitable Bldg. - Suite 2020
100 Peachtree Street, N.W.
Atlanta, GA 30303
(404) 577-9556 (fax)
Your daughter is hit by a DUI driver and you don't want to pursue any and all remedies on her behalf ??? I'd rethink that position if I were you.. You need to find out what coverage the other driver had for bodily injury, lost wages etc before you make any decisions. They won't respond ??That's an incredible showing of bad faith on the insurance company's part. You need to meet with an experienced personal injury attorney in your area. That doesn't mean you have to file a lawsuit, but you need some more info before you can make an informed decision. Odds are, especially if the insurer knows their driver was drunk, they will try to settle and protect their insured against a claim for punitive damages which your daughter might be able to pursue. Also, I assume the driver was arrested for DUI ??? If so, you might seek additional restitution through the criminal court system...good luck. Take care of your daughter.
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