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Here are the “TOP TEN” most frequently asked questions we receive. As personal injury lawyers in Georgia who have represented injured clients for many years, we are regularly asked to explain the rather confusing world of auto insurance. Click on the question, to reveal our answer. The responses you see here are very general and brief. This is not meant to be legal advice. Each situation is different, and you deserve individual attention to your concerns. If you have questions, please call or email us.
The problem with the term “full coverage” is that it does not have one single definition; it means different things to different people, and it is not a legal term, so it causes a great deal of confusion. Georgia law requires that every motor vehicle on the road must be covered by an insurance policy that provides liability coverage. This protects you as, the driver if you negligently caused a collision in which others are injured or the property if another is damaged or destroyed. Liability insurance protects you in case you were at fault on the roadway.
Other coverages such as Medpay, uninsured/underinsured motorist coverage, loss of use (rental car) coverage, comprehensive coverage and loss of income coverage are all optional. So, when an agent says, “you have got full coverage,” does he/she mean that you have purchased all of these coverages, or only the coverage that Georgia law requires, or that you have the maximum amount you can buy for each and every optional coverage that is available? Do not guess. It is best to obtain a copy of the document from your insurance agent that specifies what coverage(s) you have, and in what amounts, so you can determine whether or not you are adequately protected. Get a copy of your insurance policy Declarations Page to see how well you have or have not protected yourself and those who ride with you.
Medpay coverage is optional insurance coverage you can purchase. The extra premium you pay to your auto insurance company creates an obligation upon them to pay for your collision-related medical expenses, regardless of who is at fault for causing the collision. This coverage also covers the collision-related medical expenses of your passengers. Your insurance company must offer this coverage to you, and it is up to you to decide how much of this coverage you want to purchase.
Your health insurance coverage probably has numerous hoops for you to jump through. Often your benefits will be subject to a deductible so you have to pay a certain amount out of your pocket for each visit or procedure. Sometimes you have to pay a co-payment obligation as well. It adds up very fast. Medpay typically does not involve either a co-pay or a deductible. Your health insurance company may require you to be examined by a doctor who serves as a “gatekeeper” (often referred to as your primary care physician) before you may be seen by a specialist. Then, to get the full benefit of your coverage, you are limited to only those doctors on a preferred list. Medpay coverage through your auto insurance, on the other hand, has no such requirements; you are free to choose whomever you want for examination and treatment of your collision-related injuries. Also, with health insurance you may have a legal obligation to reimburse your health insurance company some or all of the funds that were paid on your behalf to the hospital, doctor, therapist, etc. if you ever collect any money from the liability insurance company that covered the at fault driver. In Georgia, Medpay coverage rarely creates a legally enforceable requirement that you reimburse your auto insurance company for the benefits they paid on your behalf.
If the driver who was at fault for causing your collision has allowed his/her auto liability insurance to lapse, or if you are a victim of a hit and run driver and never learn the identity of the driver who hit you, you had better have uninsured motorist coverage. Uninsured motorist coverage is optional; you can purchase it or reject it. If you buy it, you are protecting yourself against the possibility that the at-fault driver did not have valid auto liability coverage on the date of the collision with you or disappeared before you learned his/her identity. The extra premium you pay to your own auto insurance company for this coverage enables you to treat your auto insurance company as if they actually received the premium from the at-fault or unidentified driver. You may then assert your claim for medical expenses, lost income, pain and suffering and emotional distress against your auto insurance company since you paid the extra premium to cover such situations.
Georgia law requires that every auto liability policy provides at least policy limits of $25,000 per person, and a total of $50,000 per incident, regardless of how many people are injured. Even if the at-fault driver complies with the law and buys a policy with minimum limits, your injuries might be so severe that an award in excess of $25,000 is justified and appropriate. If you purchased optional underinsured motorist bodily injury coverage, you may be able to collect additional money from your auto insurance company, depending upon the type and the amount of underinsured motorist coverage you purchased.
Yes. One is called “excess” or “add-on” underinsured motorist coverage. With this option, no matter how much liability insurance the at-fault driver had, you are potentially eligible to obtain additional money from your auto insurance company, up to the limit of the amount of coverage you purchased. The other type of underinsured motorist coverage is referred to as “difference in limits” coverage. With this less expensive variety of coverage, you must have a higher amount of underinsured motorist coverage than the at-fault driver had in liability coverage. If your underinsured motorist bodily injury limits exceed the other driver’s liability limits, you can collect up to the difference between the two policies.
Some injuries are more obvious than others. Some injuries are internal. Often, people feel considerably worse within 24-48 hours of a collision. It is wise to be examined by a medical professional as early as possible after a collision.
If you can do so safely, yes, absolutely. Almost everyone carries a cellphone these days, so a camera is almost always readily available. Be sure to take at least one photo that shows the other driver’s tag. If you can, take photos showing the position of both vehicles in the roadway, especially if you are required to move your vehicle to allow traffic to proceed. If you see skid marks, take photos of those as well.
Yes. Do not rely on the other driver to do what is in your best interest. You must protect yourself by reporting the collision to your insurance company. Alert your auto insurance company right away that this may be an uninsured motorist bodily injury claim, just in case you learn later that the coverage the at-fault driver said he/she they had is no longer valid. It happens way too often. Get the name of the individual at your insurance company to whom you reported the incident. Confirm your conversation with an email.
For the same reason you don’t let the fox guard the henhouse. The at-fault driver’s insurance company is protecting the interest of the driver who caused the collision. You must look out for your own interest. An experienced personal injury attorney can do more to help you than you might imagine. Do not put your faith in an insurance adjuster whose goal it is to pay you as little as absolutely possible, and will say whatever it takes to keep you unrepresented by legal counsel. Protect yourself. Get a lawyer.
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katie.boatwright@millerpersonalinjury.com
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5447 Roswell Rd N.E. Atlanta, GA 30342
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