Financial Recovery after Hit-and-Run Accident in Georgia (2024)

What to Know Before Signing an Injury Settlement Offer After an Auto Accident
Required Automotive Insurance Coverage in Georgia
- Optional Uninsured/Underinsured Motorist (UM/UIM) Coverage
- Why Auto Insurers Offer Lowball Settlements
What to Do If You Receive a Lowball Offer After a Georgia Car Accident
Bad Faith Settlement Negotiations

What to Know Before Signing an Injury Settlement Offer After an Auto Accident

Getting the first insurance settlement offer after an accident can feel like a relief. You have bills to pay, the accident may have left you out-of-work for a time, and all you need to do is sign. The problem is that you could be entitled to substantially more than what the insurance company is offering you.

The insurance company knows this. They also know you probably aren’t aware of your rights and the full value of your case. They also know you might be too desperate to care.

Should you accept a lowball insurance settlement offer? It depends on your situation, but if it’s one in which you find yourself, our car accident lawyers have some tips on how to respond to lowball insurance settlement offers for injuries.

Required Automotive Insurance Coverage in Georgia

Like most other states, Georgia requires drivers to maintain a certain amount of car insurance coverage to protect themselves and others with whom they share the road. Proof of insurance is mandatory for all motorists, who must carry at least:

Optional Uninsured/Underinsured Motorist (UM/UIM) Coverage

Uninsured/underinsured motorist (UM/UIM) coverage isn’t mandatory, but it’s highly recommended, and insurers must offer it standard with every policy.

Further Reading: Importance of Uninsured Motorist Coverage in Georgia

Minimum Coverage May Not Be Sufficient

In serious crashes or those with multiple victims, the minimum coverage rates may only cover a fraction of the costs. Even if your injuries aren’t catastrophic, you could end up receiving less than your claim is worth by accepting a lowball settlement from the auto insurer.

Why Auto Insurers Offer Lowball Settlements

Here’s why they do it:

The company only cares about its own bottom line. Insurers profit by collecting and investing premiums and, in turn, paying out as little as possible. Lowball settlements keep their bottom line nicely padded.
They use auto-computed software. Larger insurance companies are tasked with managing thousands of claims daily. Digital solutions may seem like an expedient solution, but those algorithms aren’t always accurate. They don’t take into account all the unique aspects of your injuries, and the software is obviously going to be designed to favor the insurer as a default. That can lead to low-ball settlement offers or even unfair denials.
They don’t have all the facts. Adjusters are only human. They might overlook critical facts. Those facts might be missing. Sometimes there is evidence which you yourself may not be aware of.
Many people just accept it. It pays off for insurers to issue lowball settlement offers because many of those injured in crashes simply accept them, no questions asked. Often, this is simply because they don’t know better or are drawn by the allure of a quick payment.
It’s a cheap buy-off to your right to sue. Once you sign off on a settlement offer, you effectively sign away your right to pursue further damages – even if you realize later that your actual damages were much higher than what you settled for.

What to Do If You Receive a Lowball Offer After a Georgia Car Accident

There are risks involved anytime you talk to a claims adjuster without an experienced attorney. Know that your conversations are probably being recorded, and you might say something – even the smallest inconsistency – that could damage your claim. No matter how friendly the adjuster is, as an insurance representative, he/she is always going to be working to serve the best interests of the company – not you.

Recognize that a settlement offer isn’t necessarily a fair assessment of your claim’s value. Instead, it’s an offer to resolve your legal claim. It is, in essence, a business negotiation. It’s best to at least consult with a lawyer to see if your claim could be worth much more before agreeing to anything. If you have determined to respond to a low settlement offer yourself, consider the following:

Stay polite and professional. We understand it’s a frustrating and emotional process. But even if you think the adjuster isn’t being fair with you, yelling or cursing isn’t going to help your case. In fact, it could hurt your reliability as a witness. (This is one reason we recommend working with a lawyer who can handle all the negotiations.)
Ask questions. Try to figure out why the adjuster reached the conclusion they did. Look for specific reasoning. If your claim is denied, the adjuster must give you a reason. Their answers could be a big help when you go to formulate a counteroffer.
Offer the facts. Keep records of everything. Your injuries, damage to your car, medical bills, proof that you’ve lost time off work, witness contact information – anything that will help you make a case for fair payment of reasonable damages.
Put your response in writing. This allows for better documentation if you decide to sue later.
Don’t be bullied. There is no law that requires you to accept a settlement offer, especially an unfair one.

Bad Faith Settlement Negotiations

Insurers have a legal duty to act in good faith to resolve claims. If they do not, O.C.G.A. § 33-4-6 allows for a bad faith insurance claim in which you could be awarded your original damages plus more than 50 percent of the liability or $5,000 (whichever is greater) plus attorney’s fees.

A low settlement offer isn’t necessarily illegal, but it could be if the company does so in bad faith – without conducting an investigation, causing unnecessary delays, or giving you a clear reason. An experienced auto accident attorney can help you determine if the insurer has acted in bad faith and how to pursue that claim – but the time to do it is before you sign any settlement.

The foregoing answers are not legal advice and are merely a general overview. You are advised toconsult a lawyerto address your specific situation. For more information or to inquire about a free consultation, contact Stephen D. Apolinsky, an experienced Atlanta injury attorney, at Apolinsky & Associates at (404) 377-9191 or email him at [email protected].

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FAQs

Financial Recovery after Hit-and-Run Accident in Georgia? ›

In Georgia, if you're injured in a hit-and-run auto accident, you're entitled to compensation for your injuries, as well as any property damage that may have occurred during the incident. Financial compensation recoverable in Georgia may include: Repairs or Replacement of Damaged Vehicle. Medical Expenses Incurred.

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How much to expect from a car accident settlement in Georgia? ›

The average settlement for a car accident in Georgia ranges from $15,000 to $20,000 — but it is important to note that any settlement amount is based on several factors including the type of accident, the extent/severity and permanence of injuries, economic damages, fault, and more.

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Will a hit-and-run claim raise my insurance Georgia? ›

You may see an even higher rate if you cause a hit-and-run and are caught. Unfortunately, even the victim of a hit-and-run could see an increase in their policy rate, too. If you have collision insurance, you can file a claim with your insurance company for damage caused by a driver who flees the scene.

Can you sue for hit-and-run in Georgia? ›

Can you sue for a hit-and-run in Georgia? Yes, if you are the victim of a hit-and-run accident in Georgia, you have the right to pursue legal action against the driver who fled the scene, provided that the driver can be identified.

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What is the penalty for hit-and-run in Georgia? ›

A first conviction be consist of a fine between $300 and $1,000, jail time up to 12 months, or both; A second conviction within five years will elevate the fine between $600 and $1,000 or jail time up to 12 months, or both; A third or subsequent conviction will result in a $1,000 fine, up to 12 months in jail, or both.

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How much are most car accident settlements? ›

A: In California, the average car accident settlement amount is anywhere between $20,000 – $30,000, depending on the overall severity of the injuries sustained and any associated property damages, lost wages, etc. This is for more moderate cases in terms of their severity.

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How long does an insurance company have to investigate a claim in Georgia? ›

Response and Review. On receipt of the demand letter, the insurance company files your claim and provides you with their next steps. Georgia law provides that insurance companies have 15 days to file your claim. Once filed, an insurance company must accept or deny the claim within 15 days.

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Does your insurance go up after a claim that is not your fault? ›

Under California law, an insurer cannot increase your premiums when you aren't at fault.

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Which type of coverage would cover losses caused by a hit-and-run? ›

Bodily injury coverages

Uninsured motorist bodily injury (UMBI): UMBI covers injuries suffered in an accident caused by an uninsured driver, including hit-and-run scenarios where drivers are considered "uninsured," depending on the state.

How does insurance work when you get hit? ›

Car insurance covers damage to your vehicle and protects you financially if you're liable for someone else's injuries or damages. Auto insurance can also pay for medical bills if you or your passengers are injured in an accident or if you're hit by a driver who is uninsured or underinsured.

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What is the statute of limitations on a hit and run in Georgia? ›

How Long Can You Sue After a Car Accident? In Georgia, the statute of limitations for car accident claims is two years. This means that any lawsuit arising from a car accident in Georgia must be filed within two years of the date of the accident.

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How much can you be liable for if you are involved in a hit and run accident in California? ›

California Hit and Run Penalties

If convicted of a misdemeanor hit-and-run violation of California Vehicle Code 20002, the penalties include up to 6 months in the county jail, a fine up to $1,000, and two points on your California driver's license.

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Does uninsured motorist cover hit and run in Georgia? ›

Yes, uninsured motorist insurance does cover a hit-and-run in Georgia. Uninsured motorist coverage is optional in Georgia, and you can use uninsured motorist property damage insurance to repair or replace your vehicle after a hit-and-run in Georgia.

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How many points is a hit and run in Georgia? ›

How many points is a hit-and-run charge in Georgia? In Georgia, a hit and run is a criminal charge that results in an automatic license suspension. That means there are no points for a hit-and-run charge.

How long do I have to report a hit and run in Georgia? ›

In Georgia, it's crucial to report an accident to the police as soon as possible (ideally the same day) to ensure the accuracy and reliability of the information gathered. While there isn't a strict statutory deadline for filing a police report after certain accidents, it's strongly advised that you report it promptly.

What happens if you leave the scene of an accident in Georgia? ›

Leaving the Scene of an Accident in Georgia

When the driver fails to do so, he or she can face many serious consequences. If convicted of a misdemeanor, you will face up to one year in jail and a fine of $1,000. You also risk a suspension of your driver's license and having your vehicle impounded.

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What is the average slip and fall settlement in Georgia? ›

According to the trip, slip and fall accident settlement examples listed on this page, the typical Georgia slip and fall accident settlement is anywhere from $75,000 to $650,000.

How much is the average wrongful death settlement in Georgia? ›

According to the wrongful death accident settlement examples listed on this page, the typical Georgia wrongful death accident settlement is anywhere from $600,000 to $3,650,000.

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How much is the average payout for an 18 wheeler accident in Georgia? ›

According to the car accident settlement examples listed on this page, the typical Georgia truck accident settlement is anywhere from $755,000 to $2,750,000.

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Financial Recovery after Hit-and-Run Accident in Georgia (2024)

Table of Contents

What to Know Before Signing an Injury Settlement Offer After an Auto Accident

Required Automotive Insurance Coverage in Georgia

Optional Uninsured/Underinsured Motorist (UM/UIM) Coverage

Minimum Coverage May Not Be Sufficient

Why Auto Insurers Offer Lowball Settlements

What to Do If You Receive a Lowball Offer After a Georgia Car Accident

Bad Faith Settlement Negotiations

FAQs

Financial Recovery after Hit-and-Run Accident in Georgia? ›

What is the statute of limitations on a hit and run in Georgia? ›