Calvin Smith Law - The Injury Lawyers

What Do You Do if the Defendant’s Insurance Policy Doesn’t Cover All of Your Damages?

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Anyone who owns or operates a car in the State of Georgia is required to carry auto insurance. The whole reason you need insurance is in case you get into a car accident. Not only will your insurance cover the costs of fixing your car after a Macon auto accident – it’s also intended to cover any injuries caused by the crash.

What is the Difference Between Liability Coverage and Full Coverage?

When you buy an insurance policy, you get to choose what kind of coverage you have. If you don’t own your car outright, you’re required to carry full coverage. This coverage will apply to any property damage caused by an accident as well as things like medical bills, lost wages, etc. If your car is financed, you don’t have an option – you must carry full coverage. However, if you own your car, you can opt for what is called liability. With liability insurance, the company will cover any damages sustained to other people in a car crash. But it won’t cover your own damages.

For example, let’s say you get into a Macon auto accident. Your car is totaled. The other driver sustains $5,000 in damage to their car. You also break both of your legs and need surgery. The other driver hurts their neck and racks up over $20,000 in medical bills. With liability, the $5,000 property damage sustained by the other driver will be covered. So will their $20,000 in medical bills. However, it won’t cover your medical bills or car repairs.

Now, if you had full coverage (also known as comprehensive coverage), it would cover any damages sustained by you or the other driver.

Your Macon Car Accident Lawyer Will Need to Find Out What the Other Driver’s Policy Limits Are

Just because someone has full coverage doesn’t necessarily mean it’ll cover all of your damages. When you get your insurance policy, you’ll have to choose how much coverage you want. Obviously, the more coverage you want, the more your policy will cost. Some people choose the lower threshold so their monthly payments are lower. After all, what are the odds that you’ll actually get into an accident? This means that there’s a chance the other driver’s policy will be too low to cover all your damages.

Let’s say that you get into a car crash in Macon, Georgia. Your car is destroyed, and it’ll cost $25,000 to replace it. You also have more than $100,000 in medical bills. On top of that, you are out of work for 6 months and suffer close to $40,000 in lost wages. Add to that another $50,000 in pain and suffering. Your total damages will be $225,000. If the other driver’s policy only covers $150,000, you’ll be out $75,000.

To recover these surplus damages, you’re going to have to file a lawsuit against the other driver personally. Thankfully, your Macon car accident lawyer will be able to do this for you.

Contact an Experienced Macon Auto Accident Attorney

If you get into a minor car accident, there’s a good chance your insurance claim will be paid. Most insurance companies aren’t going to waste time and money defending against a small claim. For example, if you only suffer a few thousand dollars in damage to your car, it doesn’t make sense for the other driver’s insurance company to fight it. The same is true if your only physical injury is whiplash. Most claims for whiplash aren’t worth more than a few thousand dollars. For bigger claims, however, there is always the chance that your auto accident claim could be denied. If this happens, you’ll definitely need an experienced Macon auto accident law firm.

Your lawyer can help negotiate a settlement of your claim with the insurance company. And, as pointed out above, they can also help you file your personal injury lawsuit. They have years of experience handling cases just like yours. That’s why you should call and set up your initial consultation with our office as soon as possible after your car accident. You only have a certain amount of time to file your claim. If you miss the statute of limitations, your case will be dismissed, and you won’t get a dime.

Call our office today and set up a date and time that works for you. The consultation is free, and you don’t pay a dime until you settle your case. And if you can’t get into the office, especially with the COVID-19 pandemic, we can always do the consultation by telephone.

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Calvin Smith Law - The Injury Lawyers

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