Regardless of which company you have your auto insurance with, whether you can be reimbursed for damages depends on the language of the policy. The policy is nothing more than a contract between your insurance company and you: In exchange for you paying premiums, the insurance company will pay you for covered losses if you make a proper demand on them to do so. Simple in theory. Yet, the courts are clogged with insurance disputes because the insurance companies do not always pay when proper demand is made upon them. The typical policy provides coverage for: (1) Bodily Injury Liability–This covers damages when another driver makes a claim for personal injuries caused by the negligence of the at-fault driver; (2) Med Pay–this policy section pays for medical treatments sought by you and any passengers injured in your car, regardless of fault. Many times the med pay benefits “stack” (are added onto) the other damages coverages; (3) Property Damage Liability–pays for damages that you or someone driving your insured car causes to another’s property; and (4)Uninsured Motorist/Underinsured Motorists Coverage (commonly referred to as U.M. Coverage). This coverage pays for damages you sustain in an accident that was not your fault if you damages exceed the amount of insurance covering the at-fault driver.
Insurance coverage disputes are complicated. The best approach is to immediately notify your insurance company if you have been in an accident and make sure that you have proof of this notification. It is always advisable to put the notice in writing and send it in a form that will allow you to prove that it was sent (fax and certified mail are two excellent ways to accomplish this). This will avoid a lot of proof problems later on in the process.
The value of many personal injury cases is directly related to the available insurance coverage. One of the things that we pride ourselves on as a firm is being able to properly investigate the tortfeasors to find all available insurance policies and insurance coverage that may be available for the type of negligence which caused the injury. Many times, there is additional insurance that the insurers do not divulge to the injured party. However, the insurance companies rarely hide insurance policies from well-known plaintiff injury lawyers, who the insurance company has dealt with in the past.
Robert J. Fleming has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured in a car accident and would like discuss your case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.