In order to obtain compensation for their medical bills and other personal or property damage, victims of an injury commonly file a claim against their own insurers. The insurance administrators typically analyze the face value of the damages sustained by the victim and verify its facts and figures before finalizing a payout. Before denying a Georgia car accident claim, insurance organizations often do not properly investigate the case. The insurance company is required to adequately investigate the case even if the plaintiff’s claim is entirely legitimate.
Fatalities on Georgia roads are increasing by the day. Speeding and distracted driving caused most of the deadly crashes in the past year as reported by the Georgia Department of Transportation. Looking at the statistics, in 2019, there were about 1,500 fatal crashes and in 2020, there was an increase of 13 percent with around 1,700 casualties.
You may have several legal options in the case where your insurance agent refused your claim without conducting a complete investigation. You may need a competent lawyer to deal with the complexities of such a case.
You Have the Right to a Thorough Investigation of Your Georgia Car Accident Claim:
Along with certain other rights, you are entitled to a proper investigation of your claims, as you have purchased the auto insurance policy in Georgia. The other driver’s insurance company is also responsible for investigating your claims if you are injured in the collision due to the recklessness of that driver.
The party at fault must cater to your damages while you file for obtaining medical reimbursements from your own Personal Injury Protection (PIP) first. Nevertheless, the claim still needs to be investigated before any financial payout.
Can I File a Lawsuit Against the Insurance Company?
In the state of Georgia, according to the law, you are able to sue only your own insurers. The loophole to this is when your insurance company fails to investigate. Only then you might be able to sue them.
A clause in the insurance contract prevents insurance companies from being sued by their own policyholders. Therefore, it is advised to have an attorney by your side when such an insurance contract is being drawn up. In this way, you can be fully aware of what you are giving your consent to along with all the available legal options and constraints.
What Are My Legal Options?
If your insurance administrator denies your claim, defers the payment, or fails to accurately investigate, you may be able to sue them for bad faith. This only applies to the cases where there is no clause restraining the policyholders to sue the insurance company.
In order to settle any legal dispute, you may still be entitled to file a Georgia Car Accident Claim if you are barred from filing a lawsuit according to your PIP insurance policy. For instance, through binding arbitration, you may be able to resolve the discourse. This is mentioned in clauses of the majority of the contractual agreements and insurance policies between two parties in the case where a disagreement may arise.
You may also be able to settle the claim through other means, such as alternative dispute resolution or mediation, depending on the terminology used in the agreement.
In order to settle any contradictions between customers and insurers, the customers do have some limited options. A qualified attorney can explain to you the entire legal framework along with all the options you are entitled to by the law.
How Long Can the Insurance Company Take to Investigate a Claim?
A limited time of 30 days has been set by the Georgia state in which an insurance company has to accept or deny your claim after it has been filed. The insurance company must present a “written explanation” if they cannot conclude the investigation within these 30 days. They should intimate you after every 45 days in case such delay continues with a similar explanation.
Not Every Delay Is Caused by a Bad Faith Investigation:
It does not indicate actions of bad faith if the investigation process of your claim extends beyond the 30-day period. Additionally, it may take some time in order to summon medical evidence or interview eye-witnesses causing legitimate delays. To prove that the insurance company is acting in bad faith, it is necessary that you prove they have a deliberate intention for doing so.
On the contrary, you should swiftly contact a lawyer if you believe that the insurance company is refusing to play ball and only trying to avoid your lawsuit. If you are able to prove that the company has acted in bad faith, there can be very severe legal and corporate damages to such a company.
Get the Legal Representation You Deserve:
Contact us regarding your Georgia car accident claim and we are going to help you in every way we can.