Legal Question in Insurance Law in Georgia

I was involved in a wreck in 2009. Had back injuries and filed a bodily injury claim in September 09. The insurance company paid out the policy limits rather quickly and agreed to a "limited release". Well a few months later, I started having more issues from other injuries. I have already had doctors tell me its from the wreck. My question is, can I refile a bodily injury claim ? What shold I expect if I do? Just wondering. I am racking up doctor bills and have no health insurance.


Asked on 4/01/11, 1:23 pm

4 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here knows what you signed, and you did not bother to tell us.

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Answered on 4/01/11, 1:26 pm
David Glass Law Offices of David H. Glass, LLC

The limited release was likely a release for the insurance company and the other driver, but it would not preclude you from filing a underinsured claim with your own insurance company. You need to look at your policy at the time of the incident and see the amount of your policy coverages.

I would need to see a copy of the limited release and a copy of your auto policy from 2009. Also, there is a 2 year statute of limitations from the date of the incident, so time is of the essence (assuming the statute hasn't run out).

Give me a call at 404.529.9081 to discuss.

Sincerely,

David H. Glass, Esq.

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Answered on 4/01/11, 2:17 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one knows what you signed and alsoyou may be out of time due to the 2 year statute of limitations. A lawyer needs to look at the release ASAP.

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Answered on 4/01/11, 5:01 pm
Ronald Arthur Lowry Ronald Arthur Lowry

There is a 2 year statute of limitations measured from the date of the injury for personal injury claims in GA. I assume that the 2 years is not up yet as you said you filed the claim in September 2009. You must act quickly. The release you signed ( I have not seen it) is most likely a "limited liability release" signed under a special GA statute which would allow you to still make a claim for UM/UIM (uninsured motorist/underinsured motorist) coverage under YOUR automobile policy if you have that type of coverage. Look on the declarations page of the auto policy you had at the time of the injury and it will tell you if you have that coverage and, if so, the amount. There is also a trick about getting this coverage on top of what you already got from the liability insurance carrier having to do with what "election" you made when you got or renewed the policy. You mentioned medical bills. You may also have a type of coverage called "med-pay" under your auto policy. It would be on the declarations page too and that should cover your meds up to the limit of that coverage (usually $5000 or $10000). Get to an attorney who is an expert in auto accident claims/insurance ASAP. Do NOT go to any old lawyer (wills,DUIs,etc.) as that person does not know enough about this and will screw up your claim. This is complicated and outside the expertise of most lawyers particularly since you already settled the claim against the opposite party's liability carrier. Good Luck!

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Answered on 4/04/11, 11:27 am


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