An adjusters assignment of percentages are frequently wrong or motivated to deny claims in Georgia using the principle of contributory negligence.
A claims adjuster assigns percentages of fault based upon witnesses, evidence at the scene, the accident report, medical records, recorded statements and disposition of a citation. Under Georgia law if the adjuster evaluates the party as making the claim to be 50% or more responsible for the incident, the insurance company may deny the claim under the Georgia principle of contributory negligence. Sometimes the insurance adjuster will seek to assign partial blame to the victim and assign comparative negligence. Georgia does permit a jury to consider partial fault of the victim as to comparative fault and reduce a verdict by that percentage. It is improper to deny a claim in circumstances of comparative fault even if another party is 99% responsible. The party that is 1% responsible still has an obligation of contributing to the injury of a victim. It is particularly important to let the adjuster know of there obligation in circumstances of little or no insurance.
An example of information utilized by an adjuster to assign comparative or contributory negligence in a recorded statement .
Recorded statement-- this is a tool often utilized by the insurance company in calling the victim shortly after the accident and recording the victim with often little or no advance notice of the call. Sometimes the use of this victims statement unfairly diminishes their claim. For example, I recall a circumstance where a client was called and asked how the accident happened in a straight forward incident. The client that was hurt, taking pain medication at the time of the interview, and responded that the other driver pulled out in front of her and she drove straight into him. Additionally the adjuster asked, "How are you doing today?" She said fine but had back surgery 3 months later related to the accident. From that conversation the adjuster claimed my client was partly responsible since she "drove straight' into the driver that caused the accident and claimed the surgery was unrelated because she said she was "fine" at the time of the interview.
Additional resources provided by the author
For a better understanding of insurance regulation in Georgia,and to check on those insurance companies that have been fined or penalized for conduct in the adjusting process check with Goergia's insurance Commissioner
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.