Legal Question in Personal Injury in Georgia

personal liability

I have a perforated disk in my neck. It has never bothered me until I had a car accident . Now my neck hurts a great deal. I would like to know who is liable for treatment, the car or health insurance?


Asked on 2/07/01, 4:34 pm

4 Answers from Attorneys

Michael Azzariti Azzariti Law Firm, P.C.

Re: personal liability

Thanks for your inquiry. Unfortunately, there is no simple answer to your question. The answers may depend on a number of variables, including where the accident occurred, were you at fault, whether the at-fault driver had insurance, whether the time for you to file a lawsuit has elapsed, whether there is any other insurance available to cover your injuries, and other issues.

Typically, the at-fault driver (through his insurance company if he is insured) may be held liable to pay damages for a victim's medical bills, pain and suffering, lost wages, etc. arising out of the accident. This is so even where the injury is an aggravation of a preexisting condition. There may also be insurance on the victim's own car and/or the car in which the victim was travelling at the time of the accident which may cover the injuries. There may also be other auto insurance which may cover the victim's injury.

As for health insurance, whether your health insurance will pay for your injuries may depend upon your health insurance policy's language.

As you can see, there are many issues to be examined in your situation. Unfortunately, without more information from you regarding the accident and the policies in question, your question cannot be answered sufficiently.

Also, please bear in mind that all of these issues may depend upon the law of the jurisdiction in which the accident occurred, the language of the applicable insurance policies and other facts regarding the accident. I hope you found this e-mail informative.

If you have any more questions, please feel free to contact me at 770-640-6558. Thanks again.

Michael J. Azzariti, Esq.

Azzariti Law Firm, P.C.

2001 Macy Drive

Roswell, Georgia 30076

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Answered on 3/20/01, 10:51 am
Eugene Brooks Brooks Law Firm

Re: personal liability

In order to obtain compensation from the other driver, you will have to prove that the other driver violated a legal duty to you. This legal duty could involve the duty to exercise reasonable care while driving or the duty to obey traffic laws.

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Answered on 3/20/01, 1:16 pm
Steve Thornton Nix, DelCampo, Thornton & Graddock, P.C.

Re: personal liability

The condition in your neck before the car accident is what's known as a "pre-existing condition." However, it appears that this pre-existing condition was asymptomatic before the car accident; in other words, it was not bothering you before the car wreck.

If your neck began hurting as a result of the car accident, then the person who caused the car wreck is responsible for your neck injury. This is called "aggravation of a pre-existing condition." You are entitled to recover for your neck injury from the person who was at fault for the car wreck, because the car wreck caused the underlying neck condition to become symptomatic and cause you pain.

I hope this answers your question. If you need to discuss further, please do not hesitate to call me. Thank you.

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Answered on 3/20/01, 8:58 am
D. Richard Jones, III Jones & Walling, P.C.

Re: personal liability

The answer depends on who is at fault for the wreck, whose auto insurance has med payments and the terms of your health insurance plan. The easy questions you've asked does not have an easy answer. Did the wreck occur in Ga? Do you have med pay on your auto insurance? Please call me if you wish. 770/671-1730; incourt7@mindspring.com; www.atlantapersonalinjury.com

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Answered on 3/20/01, 9:07 am


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