Home > Research Legal Advice > Car / Auto Accident > Should I contact a lawyer about this automobile accident?
Asked 4 months ago - Mcdonough, GA
FlagI was in a wreck three weeks ago. The driver pulled out in front of me and I t-boned him. We both had minor neck and back injuries. The police report, his insurance company, and mine say the other driver is responsible for the wreck. He was not a licensed driver but the car he was driving is insured. The owner of the car and policy holder is not responding to his insurance company's letters or my insurance company letters. They are telling me at this point the are waiting to hear from the owner why this guy was driving his car. What is he never responds back? How long will this process take?
You should immediately consult with a local personal injury attorney as you mention you did suffer injuries. His insurance company might declare a coverage defense if their policyholder admits letting an unlicensed driver drive his car. It is possible to file a lawsuit against both the driver and vehicle owner or another avenue might be uninsured motorist protection if you have it.
If the other driver was unlicensed as you indicated, the vehicle owner's insurance company may deny coverage. Generally speaking, insurance policies will cover claims in which the policyholder/owner of the vehicle gives another person permission to drive the vehicle. However, where the permitted driver is not licensed, the insurance company very well may deny coverage for the incident.
A claim could also be pursued against the owner of the vehicle for negligently allowing this unlicensed individual to drive his/her vehicle. However, these claims are often difficult to pursue as the owner is not the one who hit you and actually caused your injuries in the eyes of most jurors.
Finally, if he is unlicensed and the insurance company denies him coverage, he is as a result "uninsured." You may then be able to make a claim under the uninsured motorist portion of your own auto policy if you have it. In Georgia, car insurance companies are required to give you the option to purchase this coverage. You should contact an injury attorney to discuss your potential claim and advise you of your options, including whether hiring an attorney makes sense in your particular situation.
We understand this is a very scary time for you and your family. You need to hire an attorney for many reasons: so you don't have to talk to the insurance companies (you need to focus on getting better), so you can someone who can help you get your car fixed and medical bills paid, you also need someone on your side to fight to try and get you compensated for your lost work, pain and suffering, and any future medical bills. You should call a couple attorney's to find one that you feel comforable with and treats your with the respect that you deserve. Just a note: Because you hire an attorney does not mean that you have to sue anyone and our goal is to keep you OUT of court! I hope this helps.
If someone is not an "insured" on the insurance policy and is operating the vehicle, the question then is whether the person was a "permissive driver." If he was not a permissive driver, the insurance policy may have no application to the accident. You should contact your own insurance company if you have uninsured/underinsured motorist coverage and tell them what has happened. This is a case that I would strongly advise you not to deal with by yourself. Since you were injured, you will benefit from having an legal advocate. Consult with an attorney about this. Also, check your own insurance policy to see if you have medical payment coverage. That coverage would allow you, within limits, to get medical treatment for injuries related to the accident. Best wishes for a good outcome.
You should discuss this with a Georgia personal injury attorney. In Colorado , you can serve the insurance company directly on behalf of their policy holder, if after reasonable efforts fail you cannot find the insured. The company still may pull coverage unless their insured admits that the person who was driving was a permissive driver. An investigator that your attorney should hire can also find most of this information out.
if there is no response you should consider suing. If you were wronged, you have the right to sue. But, there are things you have to know before you sue, like:
Who to sue,
Where they are,
What you need to do before you sue them,
Where you should sue them, and
If you should sue them.
These are hard questions to answer, even in an easy case like a crash.
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