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.
Saturday, December 10, 2011
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.
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