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Property Damage Lawsuit

Duluth, GA |

I was involved in an automobile accident in September. The other party's insurance carrier has deemed my car a total loss. I have requested the reports and documentation used by the adjuster to make her determination. I reviewed the repair estimate and it is inflated with 25% rate ups, parts and labor that is not necessary, etc. Therefore; I am fighting because I feel that the insurance company is unjustly trying to total loss my vehicle since I have found several repair shops who are Thousands less to repair my vehicle. If I file a lawsuit against the driver in small claims court, will this interfer with my personal injury claim being handled by my attorney consider Res Judicata? I am located in the state of GEORGIA.

Attorney Answers 6


  1. Best answer

    If you have an attorney, you should let them make decisions on how to handle the property damage claim so as not to interfere with your potential personal injury claims. Call them and talk to them.
    If you don't have an attorney, get one or at least talk to one before you do something for a few dollars that will hurt your potential personal injury recovery.


  2. Let your Georgia personal injury attorney know about this situation and have him/her advise you about what to do, as it may well effect how he or she is handling your case.


  3. Res Judicata should not be a problem so long as you are careful to sue for
    property damage ONLY. A court will not apply Res Judicata unless there was
    prior litigation in which identical claims were raised. Under Georgia law
    your property damage claim is separate and discrete from your bodily injury
    claim.

    Did you discuss your question with your BI lawyer? I suggest you do before
    filing suit - he/she may want to review your complaint/petition in the small
    claims suit just to be certain you are not interfering with the BI claim.

    Attorney Pete Pearson

    www.kidinjurylaw.com

    www.dplaw.org


  4. Res Judicata should not be a problem so long as you are careful to sue for property damage ONLY. A court will not apply Res Judicata unless there was prior litigation in which identical claims were raised. Under Georgia law your property damage claim is separate and discrete from your bodily injury claim.

    Did you discuss your question with your BI lawyer? I suggest you do before filing suit — he/she may want to review your complaint/petition in the small claims suit just to be certain you are not interfering with the BI claim.

    Attorney Pete Pearson


  5. Whatever you do you should only do it after consulting with your personal injury attorney. He/She will be able to advise you as to handle this matter without damaging your personal injury claim.

    I


  6. You need to discuss this with your personal injury lawyer so you do not adversely affect his efforts.