Category: Car Accidents

Two Teens Killed in Gwinnett Crash

Two teenage high school students were killed in a tragic auto accident on July 16th, 2017, on Lawrenceville Highway in Gwinnett County, Georgia. According to the Atlanta Journal-Constitution, three other people were injured in the crash. A crash report showed that the teenagers were speeding along Lawrenceville Highway in a Honda Accord when an SUV attempted to make a left-hand turn in front of them. Unfortunately, there wasn’t enough time for the SUV driver to make the turn and the two vehicles collided at the intersection of Lawrenceville Highway and Kenvilla Drive.

According to reports, the Honda Accord spun out of control after the collision and smashed into a power pole. The SUV, a 2000 Chevy Tahoe, was knocked into the opposite lane of traffic. The driver of the Accord was killed in the crash along with one of the passengers. Two other passengers in the car survived and were taken to the hospital. The driver of the SUV survived and was also taken to the hospital.

The Dangers of Left-Hand Turns

This tragic accident is yet another example of how dangerous left-hand turns can be. Left-hand turns are far more likely to result in accidents than almost anything else a person can legally do on the road. When drivers attempting to turn left misjudge how fast an oncoming car is approaching, the results can be catastrophic. Sometimes drivers turning left fail to pay attention or take reckless chances; in other cases, a car going through an intersection is speeding and a turning driver doesn’t have time to react. In many cases where there is a left-hand turn accident, both parties bear some blame.

Every driver has a duty to try to avoid accidents by operating their vehicles with reasonable care. It is important for drivers approaching intersections to be alert and slow down just in case another driver decides to attempt to make a turn through the intersection. And drivers turning left should always use caution and use a turn signal. Use of turn signals is required by Georgia law before making a turn.
When drivers cause a wreck that injures someone else, they owe victims of harm compensation. If you or a loved one has been injured due to the wrongful actions of someone else, the experienced personal injury attorneys at Williams Elleby Howard & Easter, are here to help.

Contact The Car Crash Injury Attorneys at Williams Elleby Howard & Easter, for More Information

Unfortunately, no matter how safe you drive there is always a chance that you could be involved in an accident. When accidents do occur, it is important for the victim to hire an attorney that will make sure the insurance companies don’t take advantage of them.
Williams Elleby Howard & Easter, is a personal injury law firm dedicated to getting justice for personal injury victims. Our attorneys always put in the time and effort necessary to maximize settlements for clients. If you would like more information or would like to discuss you case, contact Williams Elleby Howard & Easter, to schedule a consultation today at 833-LEGALGA.o

Car Changing Lane Triggers Fatal Crash on I-75

In the late morning of July 20th, 2017, a car changing lanes caused a fatal crash on I-75 just north of Exit 135. According to reports, a small car in the right-hand lane crossed over the center line in an attempt to merge, striking an SUV and causing it to overturn. The pickup truck then hit another pickup truck in the far-left lane. The driver of the SUV was killed; the other two vehicles suffered only minor damage. The crash is currently being investigated by the Georgia State Patrol Specialized Collision Reconstruction Team.

Unfortunately, tragic crashes like this occur every day. Whenever accidents like this happen, it is important that injury victims get the compensation they deserve. In this case, it may be possible for the victim’s family to file a wrongful death lawsuit if it appears that the driver of the car changing lanes was negligent. Georgia wrongful death lawsuits are governed by Title 51 Chapter 4 of the Official Code of Georgia and intended to compensate family members for their loss.

Georgia Auto Accident Lawyers Help Personal Injury Victims Get the Compensation They Deserve

A major function of our civil justice system is to ensure that personal injury victims get the compensation they deserve when they are harmed by the wrongful conduct of someone else. The civil justice system tries to make victims “whole again” with a sufficient monetary award. Of course, the loss of a loved one cannot be replaced with money, and injuries often cause pain and suffering that are difficult to quantify by a dollar amount. But a monetary award can cover things like medical bills and lost wages, and alleviate pain and suffering to some extent.

The extent to which a defendant is liable, how badly a victim was harmed, and how much compensation that victim’s harm is worth are all issues that are often hotly contested in personal injury cases. These cases can be complicated, and proving damages usually requires presenting detailed and highly technical medical evidence and expert medical testimony. Experienced auto accident lawyers know how to gather all of the needed evidence to successfully resolve personal injury claims.

For More Information, Contact the Personal Injury Attorneys at Williams Elleby Howard & Easter

If you or a loved one has been injured in an accident, the legal team at Williams Elleby Howard & Easter, can investigate the facts of your case to help you determine your legal rights and options. If you have a claim, our attorneys can help to maximize your settlement. When necessary, the attorneys at Williams Elleby Howard & Easter, vigorously advocate for their clients at trial by delivering thoughtful, persuasive, and legally compelling arguments.

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. The Williams Elleby Howard & Easter attorneys are willing to fight for each of their clients in negotiations and in court. Trying to carry out a personal injury claim without experienced and qualified legal assistance puts you at risk. Contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

Why You Should Be Cautious About Online Activity Following a Georgia Auto Accident

You should be cautious about online activity following a Georgia automobile accident. Social media evidence can play a key role in personal injury cases. Personal injury defense lawyers monitor claimants’ social media accounts to find out if they are exaggerating their injuries. If a plaintiff claims that they have a severely injured back, but is later seen snowboarding on Instagram or Facebook by the opposing party, it can completely kill their case. But it isn’t just those faking injuries that have something to fear from social media; legitimately injured victims of accidents can lose out on compensation because their social media image makes them look like they are doing better than they actually are.

As one article bluntly puts it, “appearing happy on social media may be used against you in a court of law.” The article goes on to discuss the case of Fotini Kourtesis, a Canadian woman that sued a man for rear-ending her as she drove to work in the year 2000. Fotini was 18 years old at the time of the crash, and claimed that the crash left her in chronic pain and unable to enjoy life the way she once did. According to her own testimony, and the testimony of her friends and family, Fotini was telling the truth.

But then the opposing party found some photos of her on Facebook, posted after the accident occurred, which completely changed the outcome of the case. The photos showed Fotini smiling and dancing with her family. She appeared to be having fun. Forini claimed that she was merely posing as a happy person for the sake of having positive looking family photos, but that in reality she was suffering. But in the end, the photos destroyed her “loss of enjoyment of life” claim. The judge stated, “even if posed, the photographs were taken in an active social life setting” and this is how Kourtesis still “enjoys life.”

Why Deleting Social Media Information May Not Be the Answer

At this point you may be thinking that all you have to do is delete incriminating social media evidence before the other side sees it. Actually, doing this could lead to more problems. This is because litigants in a case have a duty to preserve all relevant evidence – including social media evidence.

A party to “contemplated or pending” litigation that destroys evidence “necessary” to the other party’s case can be sanctioned for spoliation in Georgia. This duty to preserve evidence extends to social media evidence. In a recent Virginia case, Lester v. Allied Concrete Co., the court sanctioned both the plaintiff and his counsel for, in part, “spoliation of Facebook evidence.” In that case, the lawyer helped his client “clean up” his Facebook page by deleting incriminating content before complying with a discovery request issued by the opposing party.

FOR MORE INFORMATION, CONTACT THE KENNESAW, GA ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter
Personal injury cases can be complicated, and personal injury victims should rely on qualified and experienced legal counsel to get the compensation they deserve. If you have been the victim of a personal injury in the State of Georgia, contact the Kennesaw, GA accident injury attorneys at Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Brain Injury Claims

In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.

On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.

Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.

Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.

TBI Symptoms

Brain injuries can cause a variety of symptoms, including:

• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.

Proving Damages in TBI Claims

When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.

Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:

• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.

Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.

Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.

Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Importance of Uninsured Motorist (UM) Coverage

It is never fun being in an accident caused by someone else’s negligent driving. Especially when that someone else doesn’t have insurance to cover the damages. Ideally, your car insurance policy includes an uninsured motorist clause providing you with UM coverage.

What is UM Coverage?

Uninsured motorist coverage protects you in the event that you are involved in an accident with a driver that doesn’t have enough insurance coverage to pay for your damages. The term uninsured motorist thus refers not only to drivers that don’t have any car insurance at all but also to those that are underinsured by their policy to pay for damages caused in the car wreck. Moreover, most policies will also include protection for incidents in which the at-fault motorist flees the scene and cannot be identified.

What Happens If I Don’t Have UM Coverage and I Get Into A Wreck With an Uninsured Motorist?

If you get in an accident with an uninsured motorist and you don’t have UM coverage, you will most likely be stuck with the bill. You can sue the uninsured motorist for damages, but this is rarely worth the effort. The vast majority of uninsured motorists simply won’t have the money to pay you. That’s probably why they didn’t buy a good insurance policy in the first place. Therefore, it is extremely important to know whether you are really fully covered by your UM policy.

Georgia UM Coverage Law

In years past, UM coverage was very weak in Georgia when it came to wrecks with underinsured motorists. Insurance companies only had to pay UM coverage if the amount of that coverage exceeded the at-fault motorist’s liability coverage. This often meant that people that were in accidents with an underinsured motorist were left with huge bills even though they had UM coverage.

For example, say a person had $50,000 of UM coverage, an accident cost $100,000, and the other motorist only had $50,000 of liability coverage. It would make sense for their UM coverage to kick in and pay the other $50,000. But under the old law, the insurance company wouldn’t pay a dime under the UM policy because the coverage didn’t exceed what the other motorist’s insurance paid.

In 2008, the Georgia legislature vastly improved the law by mandating that insurance companies offer policies that pay the full amount of UM coverage that a person deserves, regardless of the extent of the underinsured motorist’s liability coverage. Under this new type of policy, UM coverage “stacks” on top of any liability coverage paid by the at-fault motorist. Stacking policies are now the default UM coverage option, but people can opt-out in writing and take a traditional policy if they choose to.

Regardless of the type of insurance you think you may have, it is extremely important to identify all potential sources and amounts of insurance anytime you are in a serious automobile wreck in Georgia. In this “How To Video,” Attorney Chase Elleby explains the process for other attorneys.

If You Would Like More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter highly recommends that drivers have UM coverage that “stacks” onto any liability coverage of an underinsured motorist. Having no UM coverage, or even having traditional UM coverage, leaves you vulnerable to huge costs if you get into a wreck with an uninsured motorist. Considering how affordable UM coverage is, it simply isn’t worth the risk. If you would like more information, or if you have been in an accident with an uninsured motorist and would like to better understand your options, call Williams Elleby Howard & Easter at 833-LEGALGA.

Defective Road Design/Construction

On March 30th, 2017, a bridge on Interstate 85 collapsed in Atlanta. The bridge was weakened by a massive fire that was started in the underpass by a group of homeless people. The highway has just recently reopened. The arsonists were arrested. Although this event has been blamed on the fire, the collapse also raises questions about the quality of the bridge itself. And in fact, a subsequent investigation found that hundreds of Georgia bridges are “structurally deficient.”

Although Georgia actually ranks quite well in road quality—according to U.S. News and World Report Georgia ranks 9th in road quality among all U.S. states—there are still numerous problems with road design and construction in the state. When auto accidents occur as a result of deficient design or construction, victims may be entitled to compensation from the construction company or the government.

Common Road Design/Construction Problems

Common problems with road design and construction in Georgia include:

Damaged, confusing, or missing signs;
Missing lane markers;
Lack of proper maintenance;
Trees or bushes that obstruct visibility;
Unsafe curves;
Poorly constructed guardrails, or absence of guardrails where some are needed;
Defective bridge design;
Road or bridge deterioration due to poor materials used;
Unfixed cracks or pot holes;
Sloped driving surface; and
Debris or trash left over after construction is complete.

Bringing a Personal Injury Case in Georgia

Defective road design or construction claims are tort claims in which the plaintiff must prove that the construction company or government body owed them a duty, negligently breached that duty, and that the harm was caused because of that negligence. Governments have a duty to keep roadways safe, and construction companies have a duty to build safe roads. When either negligently fails to fulfill their respective duties, and accidents occur as a result, victims have a right to sue.

To bring a claim against state or local governments, sovereign immunity must be overcome. Simply put, the doctrine of sovereign immunity holds that governments are immune from lawsuits. However, under the Georgia Tort Claims Act, the state of Georgia waived this immunity for personal injury lawsuits. Municipalities in Georgia have also waived this immunity. Counties, however, have generally not waived sovereign immunity. Therefore, if you get in an accident on a country road, you most likely will not be able to sue.

If you are planning to sue the government for defective road design or construction, it is imperative to have a qualified attorney fighting for you because there are all sorts of special procedural rules that have to be followed. Proving your case will also require extensive and well-documented evidence. The attorneys at Williams Elleby Howard & Easter, have experience handling these types of cases and are here to help.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you would like more information about this issue or if you have been injured due to poor road design or construction, contact Williams Elleby Howard & Easter at 833-LEGALGA today to schedule a free consultation.

Driverless Cars

The era of the driverless car is upon us and commutes from suburb cities like Kennesaw and Marietta to Atlanta will likely see some interesting changes. This technology could revolutionize the way we get around by removing the work of driving. What’s more, this technology has the potential to greatly reduce accidents by taking out the human-error component. Benefits aside, driverless cars present some fascinating legal implications.

The law must grapple with the policy of permitting and licensing these cars. For the most part, the trend around the country is that states are increasingly receptive to allowing driverless cars on the road. There is also the question of fault in the event of an accident. At what point are errors by a driverless car the fault of the operator? In other words, when a driverless car does something wrong, is it the fault of the car manufacturer or the person sitting inside?

Driverless Car Legislation

Only five states have passed comprehensive driverless car legislation. However, dozens of other states are considering such legislation, and it is only a matter of time before driverless cars are regulated across the country by a patchwork of state laws. In Georgia, Senate Bill 54 is currently being considered. This bill states that driverless cars must:

Have an easy mechanism to give the operator control at any time
Clearly indicate when the vehicle is operating in autonomous mode
Can alert the operator if a technology failure is detected while the vehicle is operating autonomously
Be capable of being operated in compliance with the uniform rules of the road

Driverless Cars and Accident Law

In March, 2017, a news article reported that a self-driving car used by Uber got in an accident in Arizona. Driverless cars may operate with computer-precision, but the people on the road can be erratic. As the article reported, “How machines respond to those behaviors, and whether they also engage in them, is something engineers still have to sort out.”

Determining accident fault is also something that needs to be sorted out. In the Arizona accident, the Uber car was at fault when it was on autopilot. It is possible that accident claims like this are best made against the manufacturer and designer of a car, perhaps as a product liability claim. However, it is also the case that the people riding in these cars maintain the ultimate control and could still bear responsibility. So what happens if you get in an accident in Georgia with a driverless car? It is uncharted territory, but if you find yourself in such an accident, you should contact an experienced personal injury attorney to figure out how to best proceed with your claim.

Assuming driverless cars decrease accidents, we should also expect insurance rates to plummet. An increase in driverless cars could also popularize no-fault insurance, in which an insurer pays without considering fault. These are just a few of the legal and policy issues that the use of driverless cars poses.

If you would like more information about the legal impact of driverless cars in Georgia, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Distracted Driving is a Real Problem in Kennesaw, GA

Distracted Driving is a Real Problem in Kennesaw, GA

In 2015, the Georgia Department of Transportation released statistics showing an increase in fatal highway deaths, with roughly 100 fatal accidents occurring each month in Georgia. The statistics show that 60 percent of these accidents are single-vehicle affairs in which a driver simply ran off the road or into a median. According to news reports, some Georgia law enforcement officials refer to the growing highway fatalities as a “deadly epidemic.”

A major cause of deadly traffic accidents is distracted driving. The New York Times put together an excellent video showcasing some firsthand accounts and discussing research on the issue. According to the Times, text-messaging drivers are eight times more likely to be in an accident, and someone talking on the phone while driving is as likely to get in an accident as a person that has a legally-drunk .08 percent BAC. Overall, distracted drivers are four times more likely to be in an accident, according to the story.

Despite extensive research showing just how big of a problem distracting driving is, drivers continue to engage in behavior that causes them to lose focus on the road. People often underestimate the risk of talking on the phone, text messaging, or eating while they drive, or overestimate their ability to multitask. But with life itself at stake, practicing safe driving habits is crucial.

Common Habits to Avoid While Driving

This is probably the most common bad habit in Georgia and throughout the country. Texting while driving is extremely dangerous. Some research shows that texting and driving is “way worse” than drinking and driving. Texting and driving should always be avoided for safety reasons. Moreover, it is illegal to do so in Georgia and punishable by a fine.
Using apps or other phone functions. Equally dangerous is using your phone to access apps, music, or any other functions. For instance, one study suggested that the rising popularity Pokemon Go was causing more accidents on the road because game-obsessed drivers sometimes try to play as they drive. Like texting, using your smartphone while driving should always be avoided.
Talking on the phone. Research also shows that even hands-free cell phone conversations present a significant risk. Therefore, although hands-free calling is a safer way to communicate than texting, you should be aware that it still presents a risk on the road.
Eating and drinking. Some people eat and drink when they drive. In fact, at one time or another most people have probably tried to grab a bite or sip on a soda while behind the wheel. While there are some circumstances where this might be safe, you should never eat or drink anything that takes both hands, is messy, or can be easily spilled.
Any other multitasking. There are countless other ways a person could be distracted trying to multitask as they drive. Anytime you are taking attention away from your driving to do something else, it can be a problem and a safety hazard.

Be Safe: Focus on the Road When Driving

Driving isn’t a time to lose focus. As something most of us do every day, it is easy to get complacent. But paying attention and having good driving habits can save your life. If you’d like more information, feel free to contact the personal injury lawyers at Williams Elleby Howard & Easter, at 833-LEGALGA in Kennesaw, GA today.

Punitive Damages in Georgia

Punitive Damages in Georgia

Some of the largest verdicts in Georgia involved a jury punishing egregious conduct by a defendant with a verdict that includes punitive damages. These damages compel the defendant to pay more than he would have to pay under normal circumstances. For tort claims, Georgia law provides three categories of payment: general damages, special damages, and punitive damages.

General damages include pain and suffering, while special damages include medical expenses and lost wages. Regarding punitive damages, the Georgia Code provides: “Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences…Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” In other words, for a plaintiff to recover punitive damages, the plaintiff must demonstrate to a judge or jury that such damages, which act as a punishment, are appropriate.

The average motor vehicle accident wherein the plaintiff alleges negligence is usually not eligible for punitive damages. Circumstances that have a higher probability of punitive damages are a hit and run, drunk driving, road rage, and intentionally harming someone with a motor vehicle.

Procedure to Attain Punitive Damages

There is a specific procedure to obtain punitive damages in Georgia. First, a plaintiff must specifically ask for punitive damages from the defendant in the Complaint. Next, a jury must hear arguments that punitive damages are appropriate. As mentioned from the Georgia Code, the plaintiff must demonstrate by clear and convincing evidence that the defendant’s actions consisted of willful misconduct, malice, fraud, wantonness, or the like. Finally, provided that the jury agrees that punitive damages are proper, the jury would convene, at a second portion of the trial, to determine the amount of payment for punitive damages.

Note that the standard is clear and convincing evidence, not preponderance of the evidence. Although the plaintiff can prevail at the trial by showing it is more likely than not the Defendant was negligent, an award of punitive damages requires the plaintiff to demonstrate appropriateness by a clear and convincing standard.

Punitive Damages against the Government

If the government – be it the state, county or municipal government – is a defendant in the lawsuit, then the plaintiff cannot recover punitive damages as Georgia law excludes the government from such damages. Therefore, if there is a motor vehicle accident involving a private citizen and a government owned vehicle, the private citizen cannot obtain punitive damages. This applies even if the plaintiff demonstrates that the defendant government engaged in willful misconduct by clear and convincing evidence.

However, a government employee can be liable for punitive damages if the plaintiff demonstrates that such is appropriate by clear and convincing evidence.

Contact us

If you’ve suffered an injury due to a car accident, contact the personal injury law firm of Joel Williams, a Cobb County, Georgia, lawyer who fights for injury victims. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Underinsured Motorist Coverage in Georgia

Underinsured Motorist Coverage in Georgia

Every driver in the state of Georgia is required to carry minimal amounts of liability automobile insurance. This requirement ensures that coverage will apply if there is an accident that causes bodily injury or property damage. In Georgia, you look to the other driver’s insurance company to help you deal with your losses associated with the crash.

What happens if the at-fault driver does not have auto insurance or does not have enough coverage to address your injuries fully? Thankfully, there are coverage options in Georgia to help you deal with these situations. Underinsured motorist coverage addresses problems associated with having substantial losses, but there is typically not enough insurance coverage to completely compensate you.

Minimum Amounts of Insurance Coverage in Georgia

Drivers are required to carry certain types of insurance with a minimum dollar amount of coverage. The coverage includes:

$25,000 per individual for injuries to the body
$50,000 per accident for injuries to the body
$25,000 per accident for property damage

In serious accidents, these coverage amounts may dissipate quickly. Medical bills can easily climb above these limits when victims must use ambulance services and emergency care. Individuals can elect to carry more coverage, but people often do not. In fact, approximately 10% of Georgia drivers do not have insurance at all.

Underinsured and Uninsured Coverage Options

Insurance companies that operate in Georgia are required to offer you uninsured and underinsured (UM/UIM) purchase options. In fact, it is often part of your overarching insurance policy. In many situations, you may have this type of coverage without realizing it. This is because you often must reject these coverage options in writing to remove them from your insurance policy. Check the declarations page of your insurance policy to determine whether you have this type of coverage.

If your policy includes underinsured or uninsured benefits, it will often apply to your spouse and children or stepchildren residing in your household. It will also usually cover anyone who is using your vehicle with your consent and passengers riding in your insured vehicle. However, these general rules may not apply to your specific situation, so it is important to review your policy language to determine the extent of your coverage after an automobile collision.

Add-on and Difference in Limits Underinsurance Coverage

There are two types of underinsured policies in Georgia. The first is called “difference in limits”. In this more traditional kind of policy, the amount of coverage available to you through your underinsurance coverage may not be as straightforward as you might think. Your underinsurance coverage will only apply to the extent of your policy, regardless of how much the at-fault driver has paid. For example, imagine you have an underinsurance policy of $100,000. The at-fault driver has $25,000 in bodily injury coverage. You would take your total amount of coverage and subtract the at-fault driver’s coverage, so you will only be able to receive $75,000 from your insurance company for underinsurance benefits. Under this type of coverage, you never receive more in total than your underinsurance coverage provides.

“Add-on” policies, on the other hand, disregard the other driver’s insurance coverage and add on any coverage for your policy to the other driver’s policy. In the above example, you would have a total of $125,000 in coverage–$25,000 from the other driver and $100,000 from your insurance policy.

Determining how to interpret your insurance policy or which coverage you should get can be tricky. If you have questions about your insurance or if you are having trouble dealing with an insurance company after an accident, call the car accident attorneys at Williams Elleby Howard & Easter for help at 833 – LEGALGA.