Legal Question in Personal Injury in Georgia

Hit by customer with car at work. Knee surgery back issues and customer don’t have insurance. Workers Comp is doing right by me. I do not want any recoil at my place of work from anyone. Don’t want to loss my job. Spoke with someone saying speak with my insurance about uninsured motorist. I did and they said that they did not pay for that. Then next day they offered $10,000 to me. I just want to know that they cannot come after my workers Comp for reimbursement on anything I take from them.


Asked on 6/19/19, 10:07 am

1 Answer from Attorneys

Ronald Arthur Lowry Ronald Arthur Lowry

I am sorry to hear about this on multiple levels. First, I am sorry that this happened to you. Injury to your knee and back, particularly if it is serious enough to require surgery, can leave you disabled--sometimes permanently. Fortunately your Workers Comp carrier appears to be, as you say, "doing right by you." Unfortunately, your automobile insurer does not appear to be "doing right by you" though. An insurer doesn't offer $10,000 when there is no coverage. There are other types of coverages under automobile policies too and very often the carrier will not tell the person about such coverages. From what you said I suspect that you have a more insurance than that in UM coverage available. I have seen this happen before where the insurer lies to the claimant about the existence of or the amount of liability insurance or uninsured motorist coverage. This is something that a lawyer can help you determine. Also, finding the correct insurance coverage for your injury can be difficult sometimes and often coverage exists where people normally don't think to look. You really need a lawyer who is experienced with insurance claims to get to the bottom of this for you. As far as being concerned about the liability or uninsured motorist carrier being able to "come after" the Workers Comp carrier or your employer, that isn't allowable under Georgia law. In fact, the opposite is true--the Workers Comp carrier is often entitled to at least a partial reimbursement of amounts expended on your behalf. The Workers Comp carrier actually has the right under Georgia law to intervene in a claimant's lawsuit to get such reimbursement. I am in Atlanta and normally do not handle cases outside the Atlanta Metro area. However I have been a lawyer in Georgia for a very long time and know attorneys all over the state. If you call me at (770)427-8468 I will recommend an attorney in your area who is experienced at this type of case to help you and I will not charge you anything to do that. Do NOT get just any lawyer. A divorce lawyer, a criminal lawyer, a wills lawyer, etc will not know what to do and will screw up your claim. You need a lawyer who is an expert at personal injury and insurance matters. Best of luck to you. Ron Lowry

Read more
Answered on 6/20/19, 9:01 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Georgia