Legal Question in Personal Injury in Georgia

Civil suit after two years

I had a small auto accident two years ago in 11 days. I was issued a summons last night and don't know why. I had insurance that should have paid the expenses for he paty involved and have not heard a word from anyone until now. What should I do? I have nothing, especially money for an attorney.

Asked on 6/22/09, 7:58 am

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Civil suit after two years

Consult with a local attorney. ASAP! Your insurance should be responsible, but don't delay. Call around; many attorneys don't charge for initial consultations.

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Answered on 6/22/09, 4:17 pm

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Civil suit after two years

Turn it over to your insurance company that covered your car at the time of the accident. The insurer has a duty to defend you and to pay damages up to the amount of your liability coverage. You have a right to ask that the insurer take advantage of any opportunity to settle within the policy limit.

You don't know what has gone on medically with the plaintiff since the accident. While it is tempting to think he/she is faking, it is also not uncommon for a trauma that seems minor at the time to cause aggravation of asymptomatic weaknesses that become quite debilitating and require major surgery.You don't have the facts on this yet.

This is why you have insurance, so use it.

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Answered on 6/22/09, 8:20 am
Glen Ashman Ashman Law Office

Re: Civil suit after two years

Assuming you properly reported the accident to your insurer, youy have a duty to give your insurer the summons immediately, and they should, if you were covered, defend it for you, pay any damages up to your limits, and provide necessary counsel. Contact the insurer right away. It is normal to get sued if your insurer contested the claim, and you should not worry unless the claim is more than your coverage.

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Answered on 6/22/09, 12:11 pm

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