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Scott Monge

Scott Monge’s Answers

2 total

  • I got hit by an automobile while walking through a crosswalk where there was a stop sign. What can I do?

    when I approached the cross walk the car was stopped. All of a sudden it hits me in mid street. The driver was turning right and looking left. She only saw me when a banged on her hood to get her to stop.

    Scott’s Answer

    Under Georgia law drivers have a duty to avoid striking pedestrians and to honk their horns prior to the collision. Proceeding on the assumption the driver was negligent the next step to look at your damages which generally are in 3 categories; pain & suffering, medical expenses and lost wages. A claim can be made on the at fault driver's liability insurance policies. If the other driver does not have sufficent liability coverage then you would be covered by uninsured/underinsured insurance on any policy in your name or the name of any resident relative with whom you were living on the date of the collision.

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  • I was in an accident and suffered a fractured rib and kidney injury. My husband suffered shoulder injuries.

    he has had surgery on one shoulder and is schedule for surgery on his other shoulder. The insurance company is telling us that the driver of the other vehicle only had 25,000 coverage. The other driver was also drunk and arrested at the scene. We ...

    Scott’s Answer

    Under Georgia, law the mininum limits are $25,000 per person and $50,000 per incident. This means if both you and your husband were injured and the at fault driver had the mininum limits required by law then you each would be able to recover up to $25,000 per person for a total of $50,000 for both of you for this incident. Bear in mind we are only talking about a single policy. An investigation needs to be done confirming the amount of available liability insurance for the at fault driver, if the at fault driver was acting in the course of employment and covered by other policies or has assets to pay for any losses not covered by insurance, the amount of available underinsured insurance, if there is a basis for dram shop liability against the seller of alcohol, an affidavit of available insurance amounts and limits from all applicable insurance carriers and any other remedies allowed by law. Please note the law does not allow a drunk driver in Georgia to bankrupt out of a verdict involving punitive damages related to drunk driving. You should consult with a lawyer that concentrates in handling personal injuries caused by drunk drivers.

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