Legal Question in Personal Injury in Georgia

If you have a dispute from propety damage that is not properly paid, file a complaint with the state insurance commissioner where there is no bodily damage claim.

There is a new statute in Georgia regarding apportionment of damages in tort cases which I suspect is what is going on here. The responsible parties liability insurers are supposed to split up the damages between them. This is an example of "if it ain't broke don't fix it." The legal theory used to be that the innocent injured party was to be made whole and the 2 insurers had to fight to out between themselves--but you would get your car fixed 100%. It appears that the lessor responsible carrier is attempting to skate on its responsibility. Alternatively if the primary insurer is really 100% responsible it sounds like that insurer is trying to save 10% on its legal obligation by pointing at another insurer. Contact your own insurer if you have collision coverage and make a claim for the difference. Then turn that insurance company loose on the first insurance company so it can be reimbursed by them. Your collision carrier won't want to do it. Be nice but be firm. If you don't have collision coverage on that car you will have to hire an attorney who understands this stuff (most do NOT). If that is the situation call me and I will refer you to the right lawyer.

Keep in mind as you are thinking about the 10% difference that a lawyer will take anywhere from 25-40% of a recovery.