Legal Question in Personal Injury in Georgia

I was in a accident in my school parking lot earlier this month. The other driver backed up on a one-way and tried to swing in on a parking spot I was pulling in to. She is clearly at fault, once the police got there she didn't even deny back up on the one way and swinging in.

My issue, I called my insurance company Geico immediately after. Geico said it sounds as if it was the OTHER drivers fault. The lady at my insurance company tells me I can either handle it through them or call the OTHER driver insurance company and file a claim. I decied to do it through the OTHER drivers insurance. WHY ? I don't know and unsure if its the right choice.

Today I go get the report ( it takes days for report to be made ready here) I get home and call the OTHER drivers insurance company ( a company I never heard of , or the records clerk for that matter) I told them their insured hit me, They told me an ADJUSTER would call me back.. OK.

So about not even 1 hour later an adjuster calls, takes the basic information and asks if I would do a recorded account of what happened, I immediately said NO!.." Momma didn't raise no fool".

I told him I could maybe do a written statement and fax it... but the more my day went forward, I started to wonder am I obligated to do a statement or anything? Would it be in my best interest to? I know his purpose ( to protect his insured).

Will me not giving a statement delay my claim?

Should I let Geico just handle this, since I am almost certain I could prove her at fault? What should I look forward to or look out for?

Any answers or information, I will be grateful to receive.

Thank you for your time and help in advance.

Sincerely,

Still wrecked and waiting to hear back from you.


Asked on 3/26/10, 3:40 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You omitted the most important pieces of information needed to answer you so no answer is possible:

(1) Were you injured?

(2) How much are the damages?

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Answered on 3/31/10, 3:50 pm
Paula McGill Paula McGill Attorney at Law

You are correct to inquire about the taped/written statement before giving it.

The first analysis you should do is to determine your damages (injury, wage loss, medical expenses, pain and suffering, etc.). If your damages exceed your insurance coverage, you may want to go after the driver and his insurance. However, if the driver's insurance coverage and his assets are less than your coverage, you may want to go through your insurance. In doing your calculation, consider your deductible.

If there are substantial damages, you should consider retaining an attorney before you correspond with the insurance company.

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Suite 130

Atlanta, GA 30328

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Answered on 3/31/10, 8:22 pm


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