I live and practice law in Atlanta, Georgia. My Atlanta accident law firm helps Atlanta citizens put their lives back together after the devastation of an injury. I love what I do and I do what I love! I am so thankful for the privilege of serving my clients.
Wednesday, December 21, 2011
Tuesday, December 20, 2011
London Scooter Safety Program Is A Great Model For Atlanta Police Departments
ScooterSafe-London is a program going on in England where experienced police officers train riders in scooter safety with the goal of reducing the number of scooter riders killed and seriously injured. I think it would be fantastic if Atlanta area police departments launched similar programs.
The program covers issues like hazard awareness, conspicuity and safety in riding equipment and clothing, and what to do in the event of a collision. The target audience is riders who operate mopeds and scooters up to 250cc.
I think Atlanta needs a vision for a transition to lighter and smaller vehicles, like scooters, motorcycles and bicycles. A program like this would fill a need to help novice riders gain the skills needed to reduce the incidence of accident and injury.
The program covers issues like hazard awareness, conspicuity and safety in riding equipment and clothing, and what to do in the event of a collision. The target audience is riders who operate mopeds and scooters up to 250cc.
I think Atlanta needs a vision for a transition to lighter and smaller vehicles, like scooters, motorcycles and bicycles. A program like this would fill a need to help novice riders gain the skills needed to reduce the incidence of accident and injury.
Monday, December 19, 2011
Atlanta Scooterists Would Benefit From Exclusive Motorcycle Lanes (EMLs)
Scootering is a passion for many in Atlanta. But most Atlanta streets were not designed with a passion for scooters. The unfortunate result of that lack of passion? Injury and death for scooterists.
Atlanta is, without a doubt, a gas-guzzling, car-loving city. But the times they are a-changin' and we would do well to have future transportation plans include alternatives for smaller vehicles like scooters.
Here is one idea that might be a partial solution - Exclusive Motorcycle Lanes (EMLs). EMLs are special lanes for small vehicles like scooters, motorcycles, and bicycles. The advantages of such lanes include a reduction in accidents (and therefore injury and death), less congestion in other lanes of travel, creation of an incentive for more people to get on their scooters and bikes, and reduction of air pollution (the more scooters we have on the road the less gas guzzling cars we have on the roads).
EMLs are found in cities across the world, London (photo above) to name one. They are more common in Asia. But they are not as of yet being taken seriously in the United States. I think they should be!
Atlanta is, without a doubt, a gas-guzzling, car-loving city. But the times they are a-changin' and we would do well to have future transportation plans include alternatives for smaller vehicles like scooters.
Here is one idea that might be a partial solution - Exclusive Motorcycle Lanes (EMLs). EMLs are special lanes for small vehicles like scooters, motorcycles, and bicycles. The advantages of such lanes include a reduction in accidents (and therefore injury and death), less congestion in other lanes of travel, creation of an incentive for more people to get on their scooters and bikes, and reduction of air pollution (the more scooters we have on the road the less gas guzzling cars we have on the roads).
EMLs are found in cities across the world, London (photo above) to name one. They are more common in Asia. But they are not as of yet being taken seriously in the United States. I think they should be!
Sunday, December 18, 2011
Should I Wait To See What The Insurance Company Offers Before Hiring an Attorney?
Nearly every week day, I sit in my Atlanta law office and talk to folks who have been involved in car accidents or other types of trauma that lead to injuries. Many times they have not yet hired an attorney and are wondering if they should.
Friday, December 16, 2011
Handling Bill Collectors While You Wait To Settle Your Injury Case
Our Atlanta injury firm represents people from all over Atlanta and the State of Georgia. One common problem our injury clients have after being hurt in a car accident is having to contend with calls and letters from bill collectors. When you have suffered a disabling injury and are struggling just to cope with your injuries the last thing you need is phone calls and letters from your doctors and other creditors asking you when you are going to pay them.
So what should you do? For starters, don't make the mistake of ignoring calls and letters. Take the initiative to communicate with everyone you owe. Call them before they call you.
So what should you do? For starters, don't make the mistake of ignoring calls and letters. Take the initiative to communicate with everyone you owe. Call them before they call you.
Thursday, December 15, 2011
I Was Injured In A Car Accident But Do Not Have Medical Insurance - How Can I Find a Doctor Who Will See Me? Part Two
A few days ago I blogged on the question of how to find a doctor who will treat you after an injury even though you do not have health insurance. As I discussed in that post, this is a big problem for many of my Atlanta personal injury clients.
Here is one solution to the problem. If you are uninsured, one key to getting the treatment you need is something called an attorney lien. An attorney lien can open doors to treatment that would have been otherwise unavailable to you. We also can help you find the right doctor.
Here is how an attorney lien works: You tell us what treatment you need but are unable to get because you do not have medical insurance. We arrange for you to get that care right away and you pay nothing up front. We do that in one of two ways. A limited number of facilities and doctors will accept our written agreement that if they will take care of you we will, as your attorneys of record, promise to pay them at the end of your case. Other facilities work with a medical funding company that will pay your doctor up front if your attorneys of record promise to pay the funding company at the end of your case. Both approaches are effective ways to get you the treatment you need when you need it and without bankrupting you!
I know how important getting the right treatment can be. Without it your health is at risk. Your legal claim suffers as well, since if you do not get the treatment you need your attorney has no way of proving the extent of your injury.
Here is one solution to the problem. If you are uninsured, one key to getting the treatment you need is something called an attorney lien. An attorney lien can open doors to treatment that would have been otherwise unavailable to you. We also can help you find the right doctor.
Here is how an attorney lien works: You tell us what treatment you need but are unable to get because you do not have medical insurance. We arrange for you to get that care right away and you pay nothing up front. We do that in one of two ways. A limited number of facilities and doctors will accept our written agreement that if they will take care of you we will, as your attorneys of record, promise to pay them at the end of your case. Other facilities work with a medical funding company that will pay your doctor up front if your attorneys of record promise to pay the funding company at the end of your case. Both approaches are effective ways to get you the treatment you need when you need it and without bankrupting you!
I know how important getting the right treatment can be. Without it your health is at risk. Your legal claim suffers as well, since if you do not get the treatment you need your attorney has no way of proving the extent of your injury.
Wednesday, December 14, 2011
I Was Injured In A Car Accident But Do Not Have Medical Insurance - How Can I Find a Doctor Who Will See Me? Part One
This post could have been entitled this: How You Can Get Medical Treatment, Hospital Services, & MRI/CT Scans Even When You Do Not Have Medical Insurance. I regularly talk to people all over metropolitan Atlanta about this issue - it is a very common problem for car accident injury victims.
Here is the cause of the problem: the high cost of medical insurance puts it out of reach for many people. What do you do if you are injured and must go to the doctor but no doctor will see you?
Here is what we tell our clients - following an injury in a car wreck or other accident YOU CAN get the medical care you need EVEN IF you are uninsured. And we can help make it happen.
Here is the problem many uninsured people run into: hospitals and doctors are not willing to directly bill the insurance company of the driver that caused your accident (because the insurance companies will not pay until the end of your case). Hospitals and doctors want you to pay up front or provide them with proof of health insurance before they will see you. As a result many uninsured patients simply do not get the treatment they need. Their legal claims also suffer since no treatment = no claim.
This problem is a serious one - both for your health and your legal claim. It can be harmful to both.
Next time I will blog on the solution to the problem I have been discussing today.
Here is the cause of the problem: the high cost of medical insurance puts it out of reach for many people. What do you do if you are injured and must go to the doctor but no doctor will see you?
Here is what we tell our clients - following an injury in a car wreck or other accident YOU CAN get the medical care you need EVEN IF you are uninsured. And we can help make it happen.
Here is the problem many uninsured people run into: hospitals and doctors are not willing to directly bill the insurance company of the driver that caused your accident (because the insurance companies will not pay until the end of your case). Hospitals and doctors want you to pay up front or provide them with proof of health insurance before they will see you. As a result many uninsured patients simply do not get the treatment they need. Their legal claims also suffer since no treatment = no claim.
This problem is a serious one - both for your health and your legal claim. It can be harmful to both.
Next time I will blog on the solution to the problem I have been discussing today.
Tuesday, December 13, 2011
Drunk Drivers Come Out On New Year's Eve But New Year's Day is the Deadliest For Motorists
Atlanta roads are always dangerous but they grow positively treacherous if you drive on a holiday. Tonight, New Year's Eve, is a good night to stay home. For those that venture out, please drive with extreme caution. We all know that drunk and drugged drivers will be out in force, causing injury and death.
While I love to help make my clients' lives better, I hate the behavior that causes them to get injured and be in need of an attorney. When I think of all the injuries and deaths that are likely to occur tonight, well, it's more dreadful than I can bear to think about.
And here is a fact that may surprise you - New Year's Day is more deadly for motorists than New Year's Eve. So please keep your guard up on New Year's Day! It is another good day to just stay put at home!
While I love to help make my clients' lives better, I hate the behavior that causes them to get injured and be in need of an attorney. When I think of all the injuries and deaths that are likely to occur tonight, well, it's more dreadful than I can bear to think about.
And here is a fact that may surprise you - New Year's Day is more deadly for motorists than New Year's Eve. So please keep your guard up on New Year's Day! It is another good day to just stay put at home!
Monday, December 12, 2011
What Is The Statute Of Limitations If I Am Injured In A Georgia Car Accident?
It depends! Unfortunately that's the best answer I can give you without knowing the details of your accident and injury. But I can say that more often than not the answer is 2 years.
The statute of limitations is like a timer that starts ticking down to zero as soon as an injury occurs. When the timer reaches zero all your legal rights are extinguished. So it is imperative that you know how much time is left on the timer!
It works like this: The State of Georgia has laws on the books that restrict the time an injured person has to file a lawsuit against the person who caused the injury. For example, let's say you have been injured by a drunk driver and your injuries are limited to "injuries to the person." Under Georgia law you have 2 years from the date the drunk driver hit you to sue. If you or your attorney fail to file suit within 2 years you lose all your legal rights in connection with that injury. You either need to get your claim settled prior to the two year anniversary of your injury or file a lawsuit in advance of the end of the limitation period.
Like most things in the law, statutes of limitation can get complicated. Let's say you were badly injured in a DUI accident and your spouse suffers as a result - for instance, you can't do the things around the home you used to do and your spouse has to take up the slack. That is called "loss of consortium" and is a valid item of damages. The statute of limitations on "loss of consortium" is 4 years - not 2 years. So some complications can arise when you have multiple claims all arising out of one incident.
There are all sorts of rules that might apply and change the amount of time you have - AND there is a whole separate category of notice deadlines if the at-fault driver works for the government (what are known as ante-litem requirements).
The safest thing to do is to call an attorney and ask how long you have to take action on a given claim. I would be happy to answer any questions you have about this topic or any other injury related topic. I handle personal injury cases ONLY and my Atlanta injury law firm serves clients all over metropolitan Atlanta and throughout Georgia.
The statute of limitations is like a timer that starts ticking down to zero as soon as an injury occurs. When the timer reaches zero all your legal rights are extinguished. So it is imperative that you know how much time is left on the timer!
It works like this: The State of Georgia has laws on the books that restrict the time an injured person has to file a lawsuit against the person who caused the injury. For example, let's say you have been injured by a drunk driver and your injuries are limited to "injuries to the person." Under Georgia law you have 2 years from the date the drunk driver hit you to sue. If you or your attorney fail to file suit within 2 years you lose all your legal rights in connection with that injury. You either need to get your claim settled prior to the two year anniversary of your injury or file a lawsuit in advance of the end of the limitation period.
Like most things in the law, statutes of limitation can get complicated. Let's say you were badly injured in a DUI accident and your spouse suffers as a result - for instance, you can't do the things around the home you used to do and your spouse has to take up the slack. That is called "loss of consortium" and is a valid item of damages. The statute of limitations on "loss of consortium" is 4 years - not 2 years. So some complications can arise when you have multiple claims all arising out of one incident.
There are all sorts of rules that might apply and change the amount of time you have - AND there is a whole separate category of notice deadlines if the at-fault driver works for the government (what are known as ante-litem requirements).
The safest thing to do is to call an attorney and ask how long you have to take action on a given claim. I would be happy to answer any questions you have about this topic or any other injury related topic. I handle personal injury cases ONLY and my Atlanta injury law firm serves clients all over metropolitan Atlanta and throughout Georgia.
Sunday, December 11, 2011
Drunk Drivers Cause More Accidents And Injuries Around Holidays
DUI driver arrests around Atlanta rise around the holidays. Tragically many of the arrests occur only AFTER someone is injured or killed in an alcohol related accident.
According to the National Highway Traffic Safety Administration, across the United States during 2007, 12,998 people were killed in alcohol-impaired-driving crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.
That means nearly one-third of those who died in traffic accidents in our nation during 2007 died at the hands of a drunk driver. Those 12,998 deaths represent an average of one person losing their life to a drunk driver every 40 minutes. What a national tragedy.
Every one of those deaths was preventable - they could easily have been prevented.
Please be careful this holiday season. There are some common sense precautions you can take during Christmas and the New Year period to stay out of harm's way.
First, in 2007 the rate of alcohol impairment among drivers involved in fatal crashes was four times higher at night than during the day. So stay off the roads at night as much as possible.
In 2007, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to 31 percent on the weekends. Try to do your driving during the week and stay off the roads on weekends, when the number of drunk drivers peaks.
Finally, keep your children at home! In 2007, 15 percent of child traffic deaths occurred in alcohol-impaired-driving crashes. This statistic is sure to be higher when you consider only the winter holiday season.
If you or a loved one has been the victim of a drunk driver, please contact our Atlanta accident injury law firm and ask to speak to me, Attorney Peter Pearson. I will do whatever I can to help you.
Sources -
http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83cf719ad24ec86e10dba046a0/
According to the National Highway Traffic Safety Administration, across the United States during 2007, 12,998 people were killed in alcohol-impaired-driving crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.
That means nearly one-third of those who died in traffic accidents in our nation during 2007 died at the hands of a drunk driver. Those 12,998 deaths represent an average of one person losing their life to a drunk driver every 40 minutes. What a national tragedy.
Every one of those deaths was preventable - they could easily have been prevented.
Please be careful this holiday season. There are some common sense precautions you can take during Christmas and the New Year period to stay out of harm's way.
First, in 2007 the rate of alcohol impairment among drivers involved in fatal crashes was four times higher at night than during the day. So stay off the roads at night as much as possible.
In 2007, 15 percent of all drivers involved in fatal crashes during the week were alcohol-impaired, compared to 31 percent on the weekends. Try to do your driving during the week and stay off the roads on weekends, when the number of drunk drivers peaks.
Finally, keep your children at home! In 2007, 15 percent of child traffic deaths occurred in alcohol-impaired-driving crashes. This statistic is sure to be higher when you consider only the winter holiday season.
If you or a loved one has been the victim of a drunk driver, please contact our Atlanta accident injury law firm and ask to speak to me, Attorney Peter Pearson. I will do whatever I can to help you.
Sources -
http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83cf719ad24ec86e10dba046a0/
Saturday, December 10, 2011
The Driver That Hit Me Was Found Guilty In Traffic Court - Does That Mean The Other Driver is Automatically Liable For My Personal Injury Claim?
The last time I blogged I talked about what you need to know about your duty (or not) to show up at traffic court following an accident. Today I am going to address a slightly different issue - one that causes a lot of confusion for many people around Atlanta.
Here is a common misunderstanding - many of my clients are under the impression that if the at fault driver pleads or is found guilty in traffic court they will automatically be liable in the injury claim. This is not quite how it works.
A person can be found guilty of a traffic offense but later be found NOT responsible for causing an injury. The reason for this is that the traffic ticket is a criminal matter while the injury case is a civil matter. Though both cases arose out of the same incident, the legal system views them as separate and a finding of guilt (or liability) in one matter will not necessarily be binding in the other matter.
Here is a classic example that may clarify what I am saying. Do you remember how O.J. Simpson was found not guilty of the murder of Nicole Brown Simpson and Ronald Goldman? Do you also remember that some time after the acquittal, O.J. Simpson was found liable for murdering the two in a wrongful death case? He won the criminal case but lost the civil case. Two different cases, two different burdens of proof.
It works much the same way with traffic tickets.
Here is a common misunderstanding - many of my clients are under the impression that if the at fault driver pleads or is found guilty in traffic court they will automatically be liable in the injury claim. This is not quite how it works.
A person can be found guilty of a traffic offense but later be found NOT responsible for causing an injury. The reason for this is that the traffic ticket is a criminal matter while the injury case is a civil matter. Though both cases arose out of the same incident, the legal system views them as separate and a finding of guilt (or liability) in one matter will not necessarily be binding in the other matter.
Here is a classic example that may clarify what I am saying. Do you remember how O.J. Simpson was found not guilty of the murder of Nicole Brown Simpson and Ronald Goldman? Do you also remember that some time after the acquittal, O.J. Simpson was found liable for murdering the two in a wrongful death case? He won the criminal case but lost the civil case. Two different cases, two different burdens of proof.
It works much the same way with traffic tickets.
The Driver That Hit Me Was Issued A Traffic Ticket - Do I Need To Go To Court?
In Atlanta and many cities around the State of Georgia going to traffic court can be a whole day ordeal. If you have ever been, you know exactly what I mean. Long lines and long waits are the norm.
At the scene of most car accidents, the police issue a citation to the at fault driver. Often the police will also give the innocent driver a notice or subpoena to show up at traffic court as a witness. Many of my clients ask me if they have to go to these hearings.
The truth is that nothing bad is likely to happen to you if you fail to appear on the court date. Most traffic courts are so busy they do not have time to keep track of all the defendants coming through the system, much less take time to track down missing witnesses. But be forewarned - if you received a subpoena to appear in court and fail to appear, you could be arrested for contempt of court. So be sure to check the paperwork to see if it is a subpoena and call the court to ask if you are required by law to be there.
I will blog in a few days about a common misunderstanding about traffic court and the impact of a finding that the other driver is guilty.
At the scene of most car accidents, the police issue a citation to the at fault driver. Often the police will also give the innocent driver a notice or subpoena to show up at traffic court as a witness. Many of my clients ask me if they have to go to these hearings.
The truth is that nothing bad is likely to happen to you if you fail to appear on the court date. Most traffic courts are so busy they do not have time to keep track of all the defendants coming through the system, much less take time to track down missing witnesses. But be forewarned - if you received a subpoena to appear in court and fail to appear, you could be arrested for contempt of court. So be sure to check the paperwork to see if it is a subpoena and call the court to ask if you are required by law to be there.
I will blog in a few days about a common misunderstanding about traffic court and the impact of a finding that the other driver is guilty.
Thursday, December 8, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part Six
This will be the final post in a series on recent changes to Georgia Uninsured (UM) motorist insurance laws - changes that effect everyone that has been injured in an accident with a car or truck.
In earlier posts I talked about how the new law creates a new type of UM coverage - what is known as "stackable" UM coverage and I talked about why this is good news for Georgia drivers.
I am going to finish this series of posts by giving you a caveat and a warning. You must know what I am about to tell you.
As a insured Georgia driver there are two ways to get "stackable" UM coverage (and one way for your insurance company to take it away from you):
THE FIRST WAY
If you already carry UM coverage your current coverage will automatically be converted into "stackable" UM coverage on January 1, 2009. Your premium will go up (a little) as a result - because you are getting more coverage. If you already carry UM coverage you do not need to do anything to get "stackable" UM coverage.
Be warned, however, that your insurance company is required by law to send you a notice 45 days before the first renewal of your policy advising of the new coverage option (of the availability of "stacking" UM coverage). Most companies will use that notice as a way of asking you if you want the new coverage or if you want to pay (slightly) less to keep the old "set off" UM coverage. Don't fall for this! If you chose the "set off" UM coverage you will lose all the benefits of the new law. Just remember this - you don't need to do anything to get the new "stackable" UM coverage. You do not have to reply to the notice - it is simply a notice. My suggestion? Throw it in the trash or recycle bin, treat yourself to a tasty beverage or snack, and forget all about insurance for a while.
THE SECOND WAY
If you do not currently carry ANY UM coverage you will not receive a notice from your insurance company. Please call your agent or insurance company today and tell them you want to add UM coverage. Make sure it is "stackable" coverage. You will discover adding it only increases your premiums slightly.
Finally, and this is for both those who already have UM coverage and those who (hopefully) are going to call later today and add it, MAKE SURE YOU PURCHASE ENOUGH COVERAGE! Here at our injury law firm we recommend at least $100,000.000 per person/$300,000.00 per occurrence. More is ideal. Again, UM coverage is cheap! Buy a lot of it and protect yourself and your family in the event you are badly injured by an uninsured or underinsured motorist.
In earlier posts I talked about how the new law creates a new type of UM coverage - what is known as "stackable" UM coverage and I talked about why this is good news for Georgia drivers.
I am going to finish this series of posts by giving you a caveat and a warning. You must know what I am about to tell you.
As a insured Georgia driver there are two ways to get "stackable" UM coverage (and one way for your insurance company to take it away from you):
THE FIRST WAY
If you already carry UM coverage your current coverage will automatically be converted into "stackable" UM coverage on January 1, 2009. Your premium will go up (a little) as a result - because you are getting more coverage. If you already carry UM coverage you do not need to do anything to get "stackable" UM coverage.
Be warned, however, that your insurance company is required by law to send you a notice 45 days before the first renewal of your policy advising of the new coverage option (of the availability of "stacking" UM coverage). Most companies will use that notice as a way of asking you if you want the new coverage or if you want to pay (slightly) less to keep the old "set off" UM coverage. Don't fall for this! If you chose the "set off" UM coverage you will lose all the benefits of the new law. Just remember this - you don't need to do anything to get the new "stackable" UM coverage. You do not have to reply to the notice - it is simply a notice. My suggestion? Throw it in the trash or recycle bin, treat yourself to a tasty beverage or snack, and forget all about insurance for a while.
THE SECOND WAY
If you do not currently carry ANY UM coverage you will not receive a notice from your insurance company. Please call your agent or insurance company today and tell them you want to add UM coverage. Make sure it is "stackable" coverage. You will discover adding it only increases your premiums slightly.
Finally, and this is for both those who already have UM coverage and those who (hopefully) are going to call later today and add it, MAKE SURE YOU PURCHASE ENOUGH COVERAGE! Here at our injury law firm we recommend at least $100,000.000 per person/$300,000.00 per occurrence. More is ideal. Again, UM coverage is cheap! Buy a lot of it and protect yourself and your family in the event you are badly injured by an uninsured or underinsured motorist.
Wednesday, December 7, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part Five
For what seems like forever (to me anyway), I have been blogging on a recent change in Georgia that effects Uninsured Motorist insurance coverage. No matter whether you live in Atlanta or elsewhere in the State of Georgia, you need to be aware of this change.
The simplest way of explaining the change is to give an example. If you read my last blog post you saw that I gave an example of how all UM coverage used to work. How will it be different under the new law?
Well if you carry "stackable" UM coverage (the "stackable" bit is what is new - the new law allows you to buy UM that "stacks" on top of the at-fault driver's liability coverage) the example I gave last time would change like this:
I am still assuming $100,000.00 in medical bills.
At-fault driver = $50,000.00 Liability
Injured driver = $50,000.00 "stackable" UM
Payment Due from UM coverage = $50,000.00 plus (not minus) $50,000.00 = $100,000.00
Do you see how having "stackable" UM coverage changes everything? You go from a situation where you are half-compensated for your medical bills to a situation where all your medical bills get paid.
If you were paying close attention while reading my previous post you will remember I said this entry would be my last on this topic. Well . . . I have changed my mind. Next Monday I will post again on this issue and that, I think, will be the true end.
The simplest way of explaining the change is to give an example. If you read my last blog post you saw that I gave an example of how all UM coverage used to work. How will it be different under the new law?
Well if you carry "stackable" UM coverage (the "stackable" bit is what is new - the new law allows you to buy UM that "stacks" on top of the at-fault driver's liability coverage) the example I gave last time would change like this:
I am still assuming $100,000.00 in medical bills.
At-fault driver = $50,000.00 Liability
Injured driver = $50,000.00 "stackable" UM
Payment Due from UM coverage = $50,000.00 plus (not minus) $50,000.00 = $100,000.00
Do you see how having "stackable" UM coverage changes everything? You go from a situation where you are half-compensated for your medical bills to a situation where all your medical bills get paid.
If you were paying close attention while reading my previous post you will remember I said this entry would be my last on this topic. Well . . . I have changed my mind. Next Monday I will post again on this issue and that, I think, will be the true end.
Tuesday, December 6, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part Four
Atlanta drivers often tell me they carry "full coverage." But when I ask them if they carry Uninsured Motorist (UM) insurance they do not know. UM insurance is absolutely essential coverage and it is very inexpensive. You can add it today simply by calling your insurance agent or company and telling them you want it.
Please purchase UM coverage! I don't want any person to miss an opportunity to make sure they and their family truly have "full coverage" - often people find out they do not when it is too late to do anything about it - after they have an accident or injury.
I have good news for Georgia drivers! Soon UM coverage will be even better for Georgia consumers. That is because of a new law, effective January 1, 2009, that expands the options available for UM coverage. I have been blogging about this new law that changes UM coverage for the last week or so.
If you have read the previous posts in this series you will know that under the law as it used to be be consumers often did not get what they had paid for. That is because under the old law it was possible to pay for UM coverage but not be entitled to any UM benefits when you were injured in a wreck. This was due to something called the "liability set off".
The "liability set off" essentially was a way for your insurance company to not pay you. Here is how it worked. Assume the following facts:
You are injured in a car wreck and your medical expenses total $100,000.00. The driver who caused your injuries only had $50,000.00 in liability coverage. You had $50,000.00 in UM coverage. The "liability set off" allowed your insurance company to subtract (or set off) the amount of the at-fault driver's liability coverage from the amount of your UM coverage, thereby reducing your benefits to nothing, zero, nada.
Here is how it worked under the old "set off" law:
At-fault driver = $50,000.00 Liability
Injured driver = $50,000.00 "set off" UM
Payment Due from UM coverage = $50,000.00 minus $50,000.00 = $0
Do you see the problem? In this scenario, you were getting no value out of the UM coverage you paid for.
What the new law does is allow you to purchase "stacking" UM coverage. "Stacking" refers to eliminating the "liability set off" and allowing consumers to get the full benefit of what they pay for. Instead of subtracting (or getting a "set off") for the amount of the at-fault driver's liability coverage, your insurance company now has add (or "stack") the liability and UM coverages together and pay you the sum of the two coverages.
Now that is makes a lot more sense then the old way, doesn't it?
Tune in next time for the conclusion of this series on UM coverage.
Please purchase UM coverage! I don't want any person to miss an opportunity to make sure they and their family truly have "full coverage" - often people find out they do not when it is too late to do anything about it - after they have an accident or injury.
I have good news for Georgia drivers! Soon UM coverage will be even better for Georgia consumers. That is because of a new law, effective January 1, 2009, that expands the options available for UM coverage. I have been blogging about this new law that changes UM coverage for the last week or so.
If you have read the previous posts in this series you will know that under the law as it used to be be consumers often did not get what they had paid for. That is because under the old law it was possible to pay for UM coverage but not be entitled to any UM benefits when you were injured in a wreck. This was due to something called the "liability set off".
The "liability set off" essentially was a way for your insurance company to not pay you. Here is how it worked. Assume the following facts:
You are injured in a car wreck and your medical expenses total $100,000.00. The driver who caused your injuries only had $50,000.00 in liability coverage. You had $50,000.00 in UM coverage. The "liability set off" allowed your insurance company to subtract (or set off) the amount of the at-fault driver's liability coverage from the amount of your UM coverage, thereby reducing your benefits to nothing, zero, nada.
Here is how it worked under the old "set off" law:
At-fault driver = $50,000.00 Liability
Injured driver = $50,000.00 "set off" UM
Payment Due from UM coverage = $50,000.00 minus $50,000.00 = $0
Do you see the problem? In this scenario, you were getting no value out of the UM coverage you paid for.
What the new law does is allow you to purchase "stacking" UM coverage. "Stacking" refers to eliminating the "liability set off" and allowing consumers to get the full benefit of what they pay for. Instead of subtracting (or getting a "set off") for the amount of the at-fault driver's liability coverage, your insurance company now has add (or "stack") the liability and UM coverages together and pay you the sum of the two coverages.
Now that is makes a lot more sense then the old way, doesn't it?
Tune in next time for the conclusion of this series on UM coverage.
Monday, December 5, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part Three
In a city like Atlanta there are a LOT of uninsured drivers on the roads. Even among those that are insured many only carry minimum limits. What would you do if you or a loved one were injured by a driver with no (or too little) insurance? How would you pay the medical bills?
Uninsured Motorist (UM) Coverage is designed to protect you when you are hurt by an uninsured or underinsured driver. Everyone needs to purchase UM coverage. It is cheap and easy to buy and could save you thousands or hundreds of thousands of dollars.
New Georgia legislation improves UM coverage for Georgia drivers. Under the old law there was a problem that needed fixing. The problem was this: the old law only allowed drivers to use that part of their UM coverage that was more than the liability coverage of the at fault driver. Now I know that probably sounds confusing (and it is!); hang with me for a moment and I'll explain what I mean.
Prior to the effective date of the new statute (January 1, 2009) let's say you went out and bought $50,000,00 of UM coverage. You then were injured in a wreck and the at fault driver had $50,000.00 of LIABILITY coverage. Let's assume your medical bills totaled $75,000,00. How much could you recover?
Well, under the old law you could recover just $50,000.00! Yes, only $50,000.00, leaving you with $25,000.00 of uncompensated medical bills. Why? Because under the old law your insurance company only had to pay you if your UM coverage was greater than the liability coverage. So in the scenario I've described you could recover $50,000.00 from the at fault driver's insurance company but nothing from your own.
Is this making sense to you? Of course it isn't. It's crazy and makes no sense whatsoever. If you paid for UM coverage you should be able to use it. Under the old law Georgia consumers who had purchased UM coverage often found themselves in a situation where they had paid for nothing.
What the new law does is make it so that consumers get what they pay for.
Next time I blog I'll explain how.
Uninsured Motorist (UM) Coverage is designed to protect you when you are hurt by an uninsured or underinsured driver. Everyone needs to purchase UM coverage. It is cheap and easy to buy and could save you thousands or hundreds of thousands of dollars.
New Georgia legislation improves UM coverage for Georgia drivers. Under the old law there was a problem that needed fixing. The problem was this: the old law only allowed drivers to use that part of their UM coverage that was more than the liability coverage of the at fault driver. Now I know that probably sounds confusing (and it is!); hang with me for a moment and I'll explain what I mean.
Prior to the effective date of the new statute (January 1, 2009) let's say you went out and bought $50,000,00 of UM coverage. You then were injured in a wreck and the at fault driver had $50,000.00 of LIABILITY coverage. Let's assume your medical bills totaled $75,000,00. How much could you recover?
Well, under the old law you could recover just $50,000.00! Yes, only $50,000.00, leaving you with $25,000.00 of uncompensated medical bills. Why? Because under the old law your insurance company only had to pay you if your UM coverage was greater than the liability coverage. So in the scenario I've described you could recover $50,000.00 from the at fault driver's insurance company but nothing from your own.
Is this making sense to you? Of course it isn't. It's crazy and makes no sense whatsoever. If you paid for UM coverage you should be able to use it. Under the old law Georgia consumers who had purchased UM coverage often found themselves in a situation where they had paid for nothing.
What the new law does is make it so that consumers get what they pay for.
Next time I blog I'll explain how.
Sunday, December 4, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part Two
Yesterday I told you I would talk today about what Uninsured Motorist coverage is and why it is so important. So here we go.
When most people think about buying car insurance they focus on liability coverage. You buy liability coverage to protect others in the event you cause an accident and someone is injured. Uninsured Motorist coverage has a different purpose. You buy Uninsured Motorist coverage to protect yourself and your family. Here is how it works.
Let's say you are involved in a wreck. The other driver was driving without insurance. Who pays for your damages? Well, if you do not have Uninsured Motorist coverage, you probably pay. If you do have Uninsured Motorist coverage, your own insurance company pays. Essentially when you have Uninsured Motorist coverage and are damaged by another driver who has no insurance, your own insurance company "steps into the shoes" of the other driver and pays you just as if that other driver had insurance.
There is more. Uninsured Motorist coverage also applies in a situation where you suffer damages in a car accident and the other driver has insurance but not enough to fully pay your damages. This is actually called Underinsured Motorist coverage, but it is all included in what the automobile insurance industry calls Uninsured Motorist coverage.
To give an example of how Underinsured Motorist works consider a car crash where you are injured and your medical bills are $75,000.00. Let's say the driver who caused the crash only has $50,000.00 of liability coverage. That would mean the most you can recover from the other driver's insurance company would be $50,000.00. You are left with $25,000.00 of unpaid bills. You are only partially compensated.
But if, in the same scenario, you were carrying $75,000.00 of Uninsured Motorist coverage you would be fully protected. The other driver's insurance company would pay the first $50,000.00 and your own insurance company would pay the last $25,000.00.
Pretty neat, huh? We are big fans of Uninsured Motorist coverage here at Dupee & Pearson, LLC. You might be surprised how often it saves the day!
The next time I blog I'll try to explain why the Uninsured Motorist statute needed to be changed and why the amendment is such good news for Georgia consumers.
When most people think about buying car insurance they focus on liability coverage. You buy liability coverage to protect others in the event you cause an accident and someone is injured. Uninsured Motorist coverage has a different purpose. You buy Uninsured Motorist coverage to protect yourself and your family. Here is how it works.
Let's say you are involved in a wreck. The other driver was driving without insurance. Who pays for your damages? Well, if you do not have Uninsured Motorist coverage, you probably pay. If you do have Uninsured Motorist coverage, your own insurance company pays. Essentially when you have Uninsured Motorist coverage and are damaged by another driver who has no insurance, your own insurance company "steps into the shoes" of the other driver and pays you just as if that other driver had insurance.
There is more. Uninsured Motorist coverage also applies in a situation where you suffer damages in a car accident and the other driver has insurance but not enough to fully pay your damages. This is actually called Underinsured Motorist coverage, but it is all included in what the automobile insurance industry calls Uninsured Motorist coverage.
To give an example of how Underinsured Motorist works consider a car crash where you are injured and your medical bills are $75,000.00. Let's say the driver who caused the crash only has $50,000.00 of liability coverage. That would mean the most you can recover from the other driver's insurance company would be $50,000.00. You are left with $25,000.00 of unpaid bills. You are only partially compensated.
But if, in the same scenario, you were carrying $75,000.00 of Uninsured Motorist coverage you would be fully protected. The other driver's insurance company would pay the first $50,000.00 and your own insurance company would pay the last $25,000.00.
Pretty neat, huh? We are big fans of Uninsured Motorist coverage here at Dupee & Pearson, LLC. You might be surprised how often it saves the day!
The next time I blog I'll try to explain why the Uninsured Motorist statute needed to be changed and why the amendment is such good news for Georgia consumers.
Saturday, December 3, 2011
Uninsured Motorist (UM) Coverage in Georgia Is About To Change For The Better - Part One
Maybe you, like me, received a notice from your automobile insurance company recently asking you to make some choices about your Uninsured Motorist coverage. The reason we got that notice was because legislation passed earlier this year required insurance companies to send a notice to each policyholder advising of new coverage options.
If you received such a notice, and if it was anything like the notice I received, you probably are wondering what in the world it means and what to do with it. The notice I received was written in legalese and my hunch is most people who got it tossed it in the trash - a completely understandable instinct!
I want to take a few days on my blog to talk about the amendment to the Georgia Uninsured Motorist coverage statute. This is more important then you might think. I don't want anyone to miss an opportunity to make sure they truly are fully covered in the event of accident or injury.
In my next blog post I'll talk about what Uninsured Motorist coverage is and why it is so important.
If you received such a notice, and if it was anything like the notice I received, you probably are wondering what in the world it means and what to do with it. The notice I received was written in legalese and my hunch is most people who got it tossed it in the trash - a completely understandable instinct!
I want to take a few days on my blog to talk about the amendment to the Georgia Uninsured Motorist coverage statute. This is more important then you might think. I don't want anyone to miss an opportunity to make sure they truly are fully covered in the event of accident or injury.
In my next blog post I'll talk about what Uninsured Motorist coverage is and why it is so important.
Friday, December 2, 2011
Atlanta Pedestrian Injury and How You and I Can Do Our Part To Prevent Injuries - Part Two
We all need reminders to drive more safely. And when walking around the city of Atlanta or whatever city you live in we could all be a little more aware of pedestrian safety issues. In my work I see the sad consequences of inattentive and careless drivers far too often.
Yesterday on this blog I discussed a few Georgia laws that relate to pedestrians. Here are few more such laws, along with my commentary.
Pedestrian Control Signals
40-6-22. Whenever special pedestrian-control signals exhibiting the words WALK or DON’T WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows:
(1) Word or symbol message WALK --- Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and
(2) Flashing or steady DON’T WALK --- No pedestrian shall start to cross the roadway in the direction of such signal. but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DON’T WALK signal is showing.
If a lifetime of watching pedestrians is any guide, I would have to conclude most people have no clue how to cross at a signal. I'm not sure I do it right myself. But this law provides some guidance for those of us who need it.
If you're like me you need to take special notice that when you see the "Don't Walk" signal come on this actually means what it says. I confess I tend to look at the traffic and ignore the signal. Bad form and very dangerous as well.
Vehicles on Roadway Generally Have the Right of Way
40-6-96.(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.
This is another important one. I'm afraid many people fail to follow this one, sometimes to their detriment. Vehicles generally have the right of way and pedestrians are generally supposed to stay out of the path of any vehicles that come along. The only time pedestrians have the right of way is if they are in a crosswalk and legally crossing a road.
Duties of Drivers and Pedestrians when They Meet
40-6-91.(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection. "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Did you know about the "half of the roadway" rule? I didn't until I studied
these things for myself.
So there you have a few more of the laws that relate to pedestrians and drivers. One day soon I will share more.
Until then, let's all be safe out there!
Yesterday on this blog I discussed a few Georgia laws that relate to pedestrians. Here are few more such laws, along with my commentary.
Pedestrian Control Signals
40-6-22. Whenever special pedestrian-control signals exhibiting the words WALK or DON’T WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows:
(1) Word or symbol message WALK --- Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and
(2) Flashing or steady DON’T WALK --- No pedestrian shall start to cross the roadway in the direction of such signal. but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DON’T WALK signal is showing.
If a lifetime of watching pedestrians is any guide, I would have to conclude most people have no clue how to cross at a signal. I'm not sure I do it right myself. But this law provides some guidance for those of us who need it.
If you're like me you need to take special notice that when you see the "Don't Walk" signal come on this actually means what it says. I confess I tend to look at the traffic and ignore the signal. Bad form and very dangerous as well.
Vehicles on Roadway Generally Have the Right of Way
40-6-96.(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.
This is another important one. I'm afraid many people fail to follow this one, sometimes to their detriment. Vehicles generally have the right of way and pedestrians are generally supposed to stay out of the path of any vehicles that come along. The only time pedestrians have the right of way is if they are in a crosswalk and legally crossing a road.
Duties of Drivers and Pedestrians when They Meet
40-6-91.(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection. "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Did you know about the "half of the roadway" rule? I didn't until I studied
these things for myself.
So there you have a few more of the laws that relate to pedestrians and drivers. One day soon I will share more.
Until then, let's all be safe out there!
Thursday, December 1, 2011
Atlanta Pedestrian Injury and How You and I Can Do Our Part To Prevent Injuries - Part One
When a pedestrian is struck by a car or truck the resulting injuries can be horrific. When several tons of steel and glass (a vehicle) moving down a street with some speed strikes a walking person - catastrophic injuries are highly likely.
In a city like Atlanta (hardly a pedestrian-friendly environment) we all would do well to take a few minutes to educate ourselves about the rules of the road that relate to pedestrians and how we should drive in areas frequented by pedestrians.
I have culled a few excerpts from Georgia laws that relate to pedestrians and am going to share them here, along with a little of my own commentary.
Here is a good place to start - with definitions under Georgia law:
Pedestrian
40-1-1(42) ‘Pedestrian" means any person afoot.
Traffic
40-1-1(66) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
I love the reference to "ridden or herded animals" - not how I get around, but quaint.
Right of Way
40-1-1(52) "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
OK - on behalf of my profession I apologize for the legalese in this definition. But it is an important definition! If you skipped over it, shame on you! The short version is this - in civilized society and among people of good will we yield to the person with the right of way.
How do we know when to yield? I'll tell you tomorrow on my blog.
In a city like Atlanta (hardly a pedestrian-friendly environment) we all would do well to take a few minutes to educate ourselves about the rules of the road that relate to pedestrians and how we should drive in areas frequented by pedestrians.
I have culled a few excerpts from Georgia laws that relate to pedestrians and am going to share them here, along with a little of my own commentary.
Here is a good place to start - with definitions under Georgia law:
Pedestrian
40-1-1(42) ‘Pedestrian" means any person afoot.
Traffic
40-1-1(66) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
I love the reference to "ridden or herded animals" - not how I get around, but quaint.
Right of Way
40-1-1(52) "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
OK - on behalf of my profession I apologize for the legalese in this definition. But it is an important definition! If you skipped over it, shame on you! The short version is this - in civilized society and among people of good will we yield to the person with the right of way.
How do we know when to yield? I'll tell you tomorrow on my blog.
Drunk Drivers Come Out On New Year's Eve But New Year's Day is the Deadliest For Motorists
Atlanta roads are always dangerous but they grow positively treacherous if you drive on a holiday. Tonight, New Year's Eve, is a good night to stay home. For those that venture out, please drive with extreme caution. We all know that drunk and drugged drivers will be out in force, causing injury and death.
While I love to help make my clients' lives better, I hate the behavior that causes them to get injured and be in need of an attorney. When I think of all the injuries and deaths that are likely to occur tonight, well, it's more dreadful than I can bear to think about.
And here is a fact that may surprise you - New Year's Day is more deadly for motorists than New Year's Eve. So please keep your guard up on New Year's Day! It is another good day to just stay put at home!
While I love to help make my clients' lives better, I hate the behavior that causes them to get injured and be in need of an attorney. When I think of all the injuries and deaths that are likely to occur tonight, well, it's more dreadful than I can bear to think about.
And here is a fact that may surprise you - New Year's Day is more deadly for motorists than New Year's Eve. So please keep your guard up on New Year's Day! It is another good day to just stay put at home!
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