Legal Question in Insurance Law in Georgia

''No Fault'' Accident - Do I have a claim for medical bills?

While stopped in a turn lane waiting to turn, an oncoming driver lost control of his vehicle and hit me. According to the police report, a third driver who was speeding and illegally changing lanes caused the other driver to lose control. The third driver fled the scene as her vehicle was not physically involved in the accident.

My insurance company (AMEX) has paid to replace my car, but my medical bills (amubulance, ER, followup doctors, etc ... about $1000 total) were not covered by my policy. Progressive, the other parties insurance company denied my claim, stating the third driver (still unknown) was responsible. I have contacted Progressive 15 times since Nov 1st and only today have they responded. Should I take this to a personal injury lawyer?

My injuries were not long term. I was incapacitated for 3-4 weeks with limited ability to walk. Two physicians visits and MRIs were necessary since blood clots were suspected, but none were found. I had a previous injury to my left knee which I believe was aggrevated by the accident, but I'm not sure how that could be proven. I was a student between semesters at the time so did not miss any work, but was in near constant pain during that time.


Asked on 1/05/05, 11:36 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: ''No Fault'' Accident - Do I have a claim for medical bills?

If the third driver cannot be identified and it was indeed that driver�s fault, it would be very difficult to get Progressive to pay your claim. Depending in your insurance, you might be covered by uninsured motorist coverage. Of course, you can sue Progressive and make them prove that it was the third driver�s fault. They may still pay you something to go away.

Damages in a car wreck case are usually determined by your medical bills, lost wages and pain and suffering, which is usually about three times your bills. Your damages are relatively minor and it would probably be difficult to get an attorney to take your case on a contingency basis (attorney gets paid when damages are recovered.) It would still be worth contacting a personal injury lawyer for a free consultation. I have some names of attorneys in the Atlanta metro area if you need them.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 1/05/05, 11:52 am


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