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Georgia Insurance Defense Questions & Answers
2 Answers | Asked in Admiralty / Maritime, Personal Injury, Contracts and Insurance Defense for Georgia on
Q: Am I personally liable for a friend's injury on a rental boat in Georgia?

I was involved in an incident where a friend of mine was injured on a rental boat. He was pulling up the anchor and asked me to give it some gas to unstick it, but I gave too much throttle, and the rope caught around his finger, cutting off the tip. The rental agreement stated that misuse of... View More

Michael W. Horst
Michael W. Horst
answered on May 7, 2025

There is a difference between a claim and a lawsuit. If your friend is pursuing a claim, he can do that directly with the insurance company. However, if he is filing a lawsuit, you will be sued as the defendant since you are the alleged negligent party. Whenever a person is named in a lawsuit,... View More

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3 Answers | Asked in Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Georgia on
Q: Served with damages complaint from collision; need advice on rights, obligations, and potential legal representation.

I was involved in a vehicle collision where neither party was seriously injured. Over a year later, I've been served with a complaint for damages from the other driver, claiming her insurance company mishandled her case. She states that suing me is necessary to sue her insurer. I have to file... View More

Michael W. Horst
Michael W. Horst
answered on May 4, 2025

Generally speaking, Georgia law provides 30 days to file a response to a lawsuit (known as an Answer). The 30 day "clock" begins to run from the date of service. Missing the 30 day deadline can bring with it dire consequences as then a default can be entered.

In your case, I...
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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can I reinstate stopped long-term disability benefits after 24 months due to medical disagreement?

I was receiving long-term disability insurance through my former employer for 24 months, but the benefits stopped. The company, Lincoln Financial, claims that independent studies suggest there are other occupations I can perform, but my doctors and neurosurgeon disagree, stating I need lumbar... View More

Damon Miller
Damon Miller
answered on Apr 2, 2025

Yes, it is possible. It sounds like your policy is most likely governed by a federal law called "ERISA." It will depend on the language of the policy, but most long-term disability policies pay benefits for 24 months while you are disabled and unable to work in your own occupation. After... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Can insurance payout for medical expenses be received directly?

I was involved in a car accident, and the other party's insurance has offered $5,000 for medical expenses. I've already received medical treatment using my own insurance, and I'm considering possibilities for future medical costs. I haven't been able to work for 5 days, and my... View More

Michael W. Horst
Michael W. Horst
answered on Mar 19, 2025

I am concerned the insurance adjuster is attempting to take advantage of you. The adjuster should be issuing to you a settlement check which compensates you for medical bills + lost wages + pain and suffering. The fact that the adjuster is attempting to pay the medical care providers directly for... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

T. Augustus Claus
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answered on Dec 29, 2023

If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance,... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

Tim Akpinar
Tim Akpinar
answered on Dec 31, 2023

You could exercise one of the options you list - contacting a lawyer. However, from what you describe, it sounds like a property damage-only claim. Those claims could be difficult to find contingency representation by an attorney. Your options include retaining a lawyer, handling it yourself in... View More

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1 Answer | Asked in Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Georgia on
Q: Should I hire a lawyer to get my impounded car back after a hit-and-run incident caused by my cousin in GA?

Last year, my car was involved in a hit-and-run accident in Atlanta, Georgia, but I was neither driving nor present at the time. My cousin, who is on the car's insurance but not mine, caused the accident and abandoned the vehicle. The police informed me my car is at the impound lot and... View More

James L. Arrasmith
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answered on May 14, 2025

This is a frustrating and stressful situation, especially when you had no involvement in the incident. If you’ve already given law enforcement your cousin’s information and there are no charges against you, then it’s reasonable to ask why your car is still being held. The fact that... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Defense for Georgia on
Q: Sister changed my car insurance, owe $533. How to address this?

I allowed my sister to borrow my car due to a hardship situation, and she changed my car insurance without my consent, resulting in me owing Progressive $533. Despite my instructing her not to make changes unless she could keep up with payments, she disregarded this. I received an email... View More

James L. Arrasmith
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answered on May 14, 2025

That’s a frustrating and unfair position to be in, especially when you trusted your sister to respect your conditions. The first thing you should do is contact Progressive directly and explain the situation. Let them know the policy was changed without your authorization and request detailed... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Involved in accident with semi, offered 15k, no injuries, insured work truck, police reports taken, need advice on acceptance.

I was involved in an accident where our work truck was hit by a semi. The other party is offering me $15,000. There were no injuries, and the work truck, which was insured, covered vehicle damages. The police took statements and reports at the scene. I haven't signed any documents yet. Should... View More

James L. Arrasmith
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answered on May 14, 2025

If there were no injuries and your truck was fully covered by insurance, the \$15,000 offer may seem generous at first glance—but you should take a closer look before agreeing to anything. You need to consider what the payment is actually for. If it's intended to settle all claims, including... View More

2 Answers | Asked in Insurance Defense, Car Accidents and Personal Injury for Georgia on
Q: Will insurance pay if owner not primary driver?

My lady friend and I have been living together for 30 years. She owns a car, but she was not listed as the primary driver on the insurance policy. Recently, she was involved in an accident while driving the car. Should the insurance company cover the costs, given she was driving and owns the... View More

Tim Akpinar
Tim Akpinar
answered on May 3, 2025

A Georgia attorney could advise best, but you posted your question last week. I'm sorry about your friend's accident. I hope she and others involved are okay. Before spending money on attorneys for a consult (since you describe your situation as "any potential denial."), you... View More

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1 Answer | Asked in Personal Injury, Insurance Defense and Real Estate Law for Georgia on
Q: Am I liable for injuries from a dirt bike accident when not present or aware of usage rules, and could homeowner's insurance cover it?

I purchased a dirt bike for my son as a gift. Although he does not live with me, the dirt bike is kept at his home with his mother. While the mother, son, and multiple people were present, they allowed a friend to ride the dirt bike on their property. The friend was injured badly after being struck... View More

James L. Arrasmith
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answered on Apr 12, 2025

Based on the information provided, you may not be directly liable for the injuries if you were not present and did not authorize the use of the dirt bike at the time of the accident. However, because the dirt bike is registered in your name, there could be some indirect liability depending on local... View More

1 Answer | Asked in Car Accidents, Consumer Law, Personal Injury and Insurance Defense for Georgia on
Q: Stolen car impounded, modified without consent, need car returned.

I reported my car stolen to the police, but they delayed taking the report until February. I located my car on Facebook Marketplace, and the police impounded it. The car lot owner claims to have modified my car without my authorization, and the police are in the process of returning parts to the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a frustrating and complex situation involving both law enforcement and the car lot owner. Since your car was stolen and then modified without your consent, you may have a case for theft and damage to your property. If the car lot owner is modifying your car... View More

1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Georgia on
Q: Need advice on stolen car found in pieces, possible legal actions.

I had my car stolen, and although it was insured, the claim was initially closed because the car was found before a payout. The police impounded the car, took parts out, and returned them to the car lot owner where the car was found. Now, my car is reportedly in pieces, and I've had no access... View More

James L. Arrasmith
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answered on Apr 12, 2025

First, you should gather all documentation related to your insurance claim and the police report. If the police did not handle your case properly or failed to return your car in its original state, you may want to file a formal complaint with the police department. You can request that they provide... View More

1 Answer | Asked in Car Accidents, Insurance Defense, Traffic Tickets and Personal Injury for Georgia on
Q: Liability for uninsured son driving insured car with owner present in Georgia after road accident.

While driving someone else's insured car with the owner present, my 16-year-old son drove off the road, resulting in damage that required the vehicle to be towed. He was issued a ticket for failure to maintain lane and there is an associated fine. My son does not have his own liability... View More

James L. Arrasmith
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answered on Apr 12, 2025

This must feel overwhelming, but you’re not alone—situations like this happen more often than people think. In Georgia, **insurance typically follows the vehicle**, not the driver, which means the car owner’s policy is usually the primary coverage for an accident. Since your son was driving... View More

1 Answer | Asked in Consumer Law, Insurance Defense and Civil Litigation for Georgia on
Q: Can I dispute Progressive Insurance's decision to total my car due to fees?

I am dealing with a situation where Progressive Insurance has deemed my car a total loss due to body shop storage fees and administrative fees totaling $2,000. I want to dispute their decision before they take possession of my car. Can I take them to court? Additionally, what steps should I take to... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s understandable to feel frustrated when your car is declared a total loss not because of damage, but due to added fees. In Georgia, an insurer can declare a car a total loss if the combined cost of repairs and related expenses—like storage and administrative fees—exceeds a certain... View More

2 Answers | Asked in Contracts, Car Accidents and Insurance Defense for Georgia on
Q: Verbal agreement after scratching coworker's car; paid damages, no insurance involved. Any concerns?

After scratching a coworker's bumper while leaving work, I immediately informed them, and we verbally agreed on $400 for the damages, which I paid right then. I didn't notify insurance or the police. I have two coworkers as witnesses to this verbal agreement. I don't have the other... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Georgia attorney could advise best, but your question remains open for a week. Given the amount of the matter, the fact that it appears to be resolved, and that you have witnesses, you might want to simply "let sleeping dogs lie." It's up to you. What you could keep in mind if... View More

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1 Answer | Asked in Personal Injury, Business Law, Real Estate Law and Insurance Defense for Georgia on
Q: Can I be sued if someone gets hurt at my fundraiser concert?

If I host a fundraiser concert with vendors on my property for a nonprofit organization, can I be sued if someone gets hurt, even though the nonprofit has insurance? The event will have over 300 attendees, with security and medical staff present, and areas are secured with cones and warning signs.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Georgia attorney could advise best, but your question remains open for a week. Unfortunately, there's no predicting what a claimant might do, despite the insurance of the nonprofit. One option is to explore event insurance, if available. Good luck

1 Answer | Asked in Insurance Defense for Georgia on
Q: do you have to have insurance on a vehicle in Georgia? That doesn’t run?
Tim Akpinar
Tim Akpinar
answered on Dec 29, 2024

A Georgia attorney could advise best, but your question remains open over a week. Until you are able to speak with a local attorney for definitive, state-specific guidance, the short answer nationwide in most places is that if the vehicle is registered, it needs to be insured. The DMV isn't... View More

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