If you are in a car accident, you may have suffered injuries. You probably also suffered damage to your car, and are going to have to file a suit against the other driver. You want to make sure you do this in time.
Every state has something called a statute of limitations. The statute of limitations tells you how long you have to file a suit. If you miss the deadline, you will not be able to sue. You will give up your rights to ever sue the other party for the accident. The time starts on the day of the actual accident.
In Georgia, the law is very clear. You have two years to file a personal injuries suit against the other party. If you don’t sue within two years, you forfeit your right to do so. The law figures two years is plenty of time to get treatment, get a lawyer, and file your claim.
Why You Should File Your Car Accident Claim As Soon As Possible
If you had a car accident, you will need to file a claim with your insurance company. The statute of limitations does not affect your claim against the insurance company. You don’t want to confuse the statute of limitations with the time you have to file your insurance claim. There is no time limit set by law for filing insurance claims. Your policy with your insurance company will state how long you have to file your claim with them.
The insurance company will demand that you file your claim within a reasonable time after the accident occurs. The insurance company will expect you to file your claim within a few days of the accident.
Remember, the insurance company doesn’t want to pay your claim. They are in business to make money. It is in your best interest to file your claim in a timely fashion. Do not give the insurance company a reason to deny your claim. If you don’t file in time, they will probably deny your claim.
You Will Need a Car Accident Attorney in Carrollton, Georgia
You may want to meet with a lawyer regarding Georgia’s special rules for filing a legal claim for vehicle damage. Sometimes neither your insurance nor the insurance of the other driver will pay for damages to your car. When this happens, you will have to file a suit. Georgia gives you longer than two years to do this. The statute of limitations for vehicle damage is actually four (4) years. It may be necessary to file a suit against the other driver if he or she was not insured. Or, perhaps you were injured by a commercial driver. You may need to sue the company they work for to get your vehicle repaired. Just like with the regular statute of limitations, the four years starts on the day of the accident.
Remember, your lawyer will have to explain to a judge or jury why it took you so long to sue. You want to have a good reason for doing so.
Your lawyer can explain who you need to sue and when you need to sue them. Hopefully, it won’t come to that. However, until he reviews your case, you won’t know for sure.
Your car accident attorney will reach out to the insurance company to find out why your claim was denied. They will handle the appeal if one needs to be filed. Keep in mind, your lawyer cannot work miracles. If you were denied for a legitimate reason, it will be an uphill battle to win an appeal.
It is in the insurance company’s best interest to try to settle the matter with your attorney. No insurance company wants to go to trial. If they know your attorney will fight the denial, they may be interested in paying the claim or settling.
Call a Carrollton Car Accident Lawyer
Call the Law Office of John B. Jackson in Carrollton, Georgia for a free consultation.
You will need a good accident attorney to fight any denial of your insurance claim. You will need to file an appeal. There are special rules for filing appeals. There are time limits and certain information you need to include. You only get one chance to do this so you want it done right.
Let a Carrollton car accident lawyer handle this for you. The experts at The Law Office of John B. Jackson are ready to answer any questions you may have.
