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Third-Party Claims

Third-Party Claims

The insurance claim that a person injured in a motor vehicle crash files with the negligent driver’s insurer is commonly referred to as a third-party claim. Because injured parties typically do not have policies with the insurers involved in third-party claims, they are entitled to make claims for damages that might not have been covered under insurance policies.

Third-party claimants in automobile accident cases are often eligible to receive compensation for medical expenses, lost wages, and vehicle damage, in addition to other types of damages. When an insurance company is unwilling to settle and provide adequate compensation for a third-party claim, the injured party can bring his or her liability claim to court and file a lawsuit against the insurer.

Lawyer for Third-Party Claims in Atlanta, GA

If you suffered serious injuries or your loved one was killed in a car collision in Georgia caused by another party’s negligence, it is in your best interest to make sure that you have legal representation before filing a third-party claim. Marcus A. Roberts & Associates represents people injured in all kinds of motor vehicle crashes in DeKalb County, Gwinnett County, Cobb County, Clayton County, Fulton County, and several other nearby areas.

Atlanta personal injury attorney Marcus A. Roberts understands the challenges involved in third-party insurance claims following an automobile accident, and he can fight to help you obtain compensation for all of your immediate and long-term needs. He can review your case and answer all of your legal questions when you call 404-577-4444 to take advantage of a free, no obligation consultation.

Fulton County Third-Party Claims Information Center

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Types of Third-Party Claims in Georgia

Georgia requires all drivers to maintain the following minimum coverage limits for third-party liability automobile insurance: $25,000 per person and $50,000 per accident bodily injury liability, $25,000 per person property damage liability, and $25,000 per person and $50,000 per accident uninsured motorist bodily injury. Some of the most common types of people who file third-party insurance claims include:

  • Injured passengers filing third-party claims against the negligent driver’s insurance company;
  • Injured drivers filing third-party claims against another negligent driver’s insurance company; and
  • Injured drivers filing third-party claims against their employer’s insurance company.

Because third-party claims are not bound by contractual policy agreements with insurers, people injured in car accidents may be able to seek compensation for any of the following damages, depending on the specifics of their cases:

  • Economic Damages — Financial losses that can be calculated and proven are often referred to as economic damages. Examples of economic damages include such costs as medical bills, lost wages, and legal fees.
  • Noneconomic Damages — Types of harm that do not have tangible financial value are noneconomic damages. Examples include pain and suffering, emotional distress, and disfigurement.
  • Punitive Damages — In certain cases, punitive damages (also referred to as  “exemplary damages”) are an additional type of award that is intended to punish a negligent driver for especially egregious conduct, such as driving under the influence (DUI). Punitive damages are capped at $250,000 in all cases that do not involve intentional torts or products liability, as those cases are not subject to award limits.

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Subrogation in Atlanta Third-Party Claims

If an insurance company pays out a claim to a policyholder for medical bills or property damage, the insurer reserves the right to recover those damages from the negligent driver’s insurance company. In other words, an insurer could be entitled to reimbursement from the person or entity legally responsible for an accident.

The process in which an insurer attempts to collect money from an at-fault party is known as subrogation.In some cases, subrogation can benefit people injured in motor vehicle crashes caused by the negligence of other parties as insurers may recoup costs that include any deductibles paid by the injury victims.

When a person is injured and receives payment for his or her injuries, he or she could be required to repay a health insurer for any accident-related medical bills it paid. In most cases, a personal injury lawyer will account for these claims and list them in any proposed settlement.

Subrogation is not always an issue following car accidents, but it can quickly become a major one if a victim signs a waiver of subrogation that affects the rights of his or her insurance company. It is critical for anybody injured in a motor vehicle crash to avoid signing a legal document until he or she has had it reviewed by an experienced attorney.

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Georgia Third-Party Claim Resources

Subrogation | New Appleman on Insurance Law Library Edition, Chapter 49 — The New Appleman on Insurance Law Library Edition is a book written by scholars and practitioners of insurance law. The chapter available through this link “discusses the contractual, equitable, and statutory subrogation rights that are available to insurers after they have paid a policyholder’s claim for damages that were caused by a third-party tortfeasor.” The authors write, “Statutory subrogation rights frequently arise in connection with government-mandated benefits and insurance such as workers compensation, uninsured/underinsured motorist coverage, Medicare/Medicaid, and the federal Employee Retirement Security Act of 1974 (ERISA).”

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 Marcus A. Roberts & Associates | Atlanta Third-Party Claims Attorney

Did you sustain catastrophic injuries or was your loved one killed in a motor vehicle collision in Georgia? You should avoid making any statement to insurance companies until you have first contacted Marcus A. Roberts & Associates.

Marcus A. Roberts is an experienced personal injury lawyer in Atlanta who represents individuals hurt in car accidents all over Cobb County, Gwinnett County, Clayton County, DeKalb County, and Fulton County. Call 404-577-4444 or submit an online contact form to have our attorney provide a complete evaluation of your case during a free initial consultation.