Yes, you should hire an attorney. Dealing with the insurance companies can be very complicated and an attorney has the knowledge to get you compensated fairly.
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.
Th process could take awhile. I would definitely contact a local personal injury attorney as soon as possible. You should be able to find a lot of attorneys that will provide a free consultation.
It could take months without a lawyer. A local personal injury lawyer can expedite the resolution of this case, and get you the compensation to which you are entitled.
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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.
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 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.
Mr. Benedict practices law in Lawrenceville, Georgia. This opinion is for general educational purposes only and should not be considered legal advice to anyone. There is no attorney/client relationship expressed or implied by this general response to a general question. Specific details not stated in the general question can result in dramatically different advice. For that reason the individual raising the question should consult an attorney with more of the details to determine if any form of legal action is in the person's interest.
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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