FAQs

As traffic has worsened in Georgia, I’ve noticed more tractor-trailers on the roadways, especially on I-85 and I-285.  Oftentimes, truck drivers do not practice safety on the road and it is very scary for drivers, especially those with cars as small as mine.

At the time of my car accident, I was traveling on I-85 north. The traffic slowed and as I started braking for the traffic in front of me and a tractor-trailer behind me rear-ended me with a strong impact. Passing drivers called 911 and I remained in my car until the officers arrived. I refused any medical attention at the scene of the accident. When the officers arrived, I exchange all the necessary information.  Even though the officer obtained information from both of us, I collected the other driver’s license and insurance information on my own as well.  This is important just in case the officer forgets to include any important information on the accident report. Don’t always rely on the police to gather the information for you. I also took pictures of both my vehicle and the other driver’s truck at the scene of the accident.

After a few hours, once the shock went away, I started feeling pinches in my back and shoulders, and the pain continued to get worse throughout the day.  This is why I know and believe my clients did not receive medical attention at the scene of the accident but did a few hours or days later when they started experiencing pain.

I was ultimately able to settle with the insurance company for my property damage and personal injury.  It is important to know the steps to follow once you’ve been in an accident.

If you’ve been in an accident and injured, be sure to gather as much information about the other driver and contact Blevins & Hong to help you set up a claim with the insurance company. Seek medical treatment if needed and as much and often as you need it. The accident was not your fault and you need to be compensated.  Be sure to have an attorney on your side. Let us do the work for you while you recover from your injuries.

Stay safe out there!

It is an all-too-frequent occurrence that the defendant in a car accident – the person that caused the accident and injuries – cannot be located for a lawsuit. This is a problem that every lawyer representing injured parties in a car accident must consider. So, what happens when the defendant in a car accident cannot be located for service of a lawsuit? And, more importantly, how do we fix this problem in a car accident case:

The exceptions to this rule are limited. For example, if a plaintiff is unable to obtain personal service against an uninsured motorist, then OCGA § 33-7-11(e) allows service by publication upon a showing of due diligence. A judgment so obtained may be enforced against the uninsured motorist carrier, as long as other statutory requirements are met.³ This exception does not apply in the case sub judice because Southeastern is Hunter’s liability carrier.

Se. Sec. Ins. Co. v. Lowe, 242 Ga. App. 535, 536, 530 S.E.2d 231, 233 (2000).

We solve the problem of service the at-fault driver that cannot be found by publication and obtain a judgment that will be paid by the uninsured motorist carrier.

But Don’t Give up On Trying to Serve the At-Fault, Uninsured Driver in An Accident

(e) In cases where the owner or operator of any vehicle causing injury or damage is known and either or both are named as defendants in any action for such injury or damages but the person resides out of the state, has departed from the state, cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, and this fact shall appear by affidavit to the satisfaction of the judge of the court, and it shall appear either by affidavit or by a verified complaint on file that a claim exists against the owner or driver in respect to whom service is to be made and that he is a necessary or proper party to the action, the judge may grant an order that the service be made on the owner or driver by the publication of summons. A copy of any action filed and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company issuing the policy were actually named as a party defendant. Subsection (d) of this Code section shall govern the rights of the insurance company, the duties of the clerk of court concerning duplicate original copies of the pleadings, and the return of service.

Following service on the owner or driver by the publication of the summons as provided in this subsection and service as prescribed by law upon the insurance company issuing the policy, the plaintiff shall have a continuing duty to exercise diligence in attempting to locate the owner or driver against whom the claim exists, but a such obligation of diligence shall not extend beyond a period of 12 months following service upon the owner or driver by the publication of the summons. However, regardless of such time limitations, should the plaintiff learn of the location of the owner or driver against whom the claim exists, the plaintiff shall exercise due diligence to effect service of process upon that owner or driver within a reasonable time period after receiving such information.

O.C.G.A. § 33-7-11.

Many people mistakenly believe that they do not need a lawyer or that they do not need to worry about their car wreck because they have full coverage. Do not fall into this trap. “Full coverage” is not what most people believe it is. Calling a coverage “full coverage” suggests to people that no matter how severe the car accident is, they will not need to worry because they are fully covered. The wording is tricky, and in truth, a “full coverage” policy does not necessarily provide protection for injuries that you incur as a result of someone else’s negligence.

What Is a “Full Coverage” Car Insurance Policy?

A “full coverage” insurance policy provides coverage for you if you are involved in an accident, but it does not mean that there will be adequate coverage to pay for all of your injuries caused by a car accident. If a person causes an injury to you and they do not have enough liability insurance coverage, having full coverage does not mean that you will be fully compensated for all of your injuries.

Full coverage means you will have at least the minimum limits required by Georgia law, and Georgia law requires at least $25,000 in liability coverage for a non-commercial automobile policy. If you have been seriously injured in a car accident, you will be shocked at how quickly minimum liability policy limits can be exhausted.

If you or someone that you care about has been injured in an automobile accident, contact Blevins & Hong today for a free consultation.

One of the ways that we work to build value in our client’s case is to perform a superior investigation into the facts of the car accident. That means obtaining the evidence that the police recorded or obtained in the course of their investigation into the wreck. Usually, police officers have the first opportunity to photograph vehicles and download data from the black boxes of vehicles involved in crashes. This is a template that we use in obtaining police photographs after an accident, as well as electronic/digital downloaded data from vehicles involved in a car wreck.

Do You Need a Gwinnett County Car Accident Lawyer? Blevins & Hong Can Help

Dealing with a car crash can be a worrisome and stressful situation. Don’t go through this alone. If you need a Gwinnett County car accident lawyer, contact Blevins & Hong today for a free consultation.

Clear liability and fault of the other driver is an essential first part towards recovering from an insurance company in Georgia. However, even if the other driver is at fault, that does not necessarily mean that the insurance company will pay for damages or for your injuries.

Why Doesn’t Clear Liability Mean That You Will Be Compensated for Your Injuries and Damages After a Car Accident?

In Georgia, in order to recover for injuries and damages resulting from a car accident, the injured party must show that the other driver is at fault (caused the accident) and that the injuries and damages resulted from the accident. Particularly in cases with soft-tissue injuries (sprains and strains), insurers may attempt to deny that you were actually hurt and they will do their best to deny payment to you based on any prior treatment or claims that you may have received.

Proving the Value of The Injuries Resulting from A Car Accident Is Another Crucial Part of Your Case

The other crucial aspect of your claims for injuries and damages caused by a car accident is the value of the injury and how much money the insurer should pay you as a result of the injury. The insurer may acknowledge that the other driver was at fault for the accident and that you were actually hurt but refuse to place a value on the injury that you are willing to accept.

If you or someone that you care about has been injured in a car accident, contact Blevins & Hong today for a free consultation.

Most personal injury lawyers work on a contingency basis. This means that the client does not pay any fees or expenses upfront. The fees and expenses are paid from the gross recovery of the injury case.

At Blevins & Hong, our attorney fees are aligned with this contingency fee structure.

In Georgia, a lawyer representing a personal injury client will typically charge 1/3 or 33.33% of the gross recovery if the case settles before a lawsuit is filed, and 40% of the gross recovery if a lawsuit is filed.  Further, any expenses that were paid.

For example, if a personal injury case in Gwinnett is settled for $300,000 before a lawsuit is filed, the attorney fee would be $100,000. If a lawsuit had been filed, then the attorney fee would be $120,000.

Is There a Benefit to Hiring a Car Accident Lawyer?

It may seem that lawyers receive a high amount in fees to represent these injury cases, however, it is usually difficult to recover high amounts without a lawyer representing you. Oftentimes, we’ve had clients that have represented themselves and come to us with a very low offer but as soon as we let the insurance company know of our representation, the offer will increase significantly.  This is mainly due to the fact that, now, you have a lawyer, and if we believe we can do better at a trial, we will move forward, and in turn, this will cost the insurance company a lot more money. Thus, it would be in their interest to give more in order to avoid costly litigation.

What Are Case Expenses?

In addition to lawyer’s fees, there are case expenses that will be paid through your gross recovery.  These expenses include bills that doctors and medical facilities charge to gather your bills and medical records.  Your lawyer pays for these bills on your behalf.  If a lawsuit had been filed, then the expenses can also include court filing fees, court reporter fees, and expert fees.  Thus, expenses are usually higher when a lawsuit is filed.

It is important to find a lawyer that will tell you the bottom line.  If a lawsuit is filed but you only receive a little more than a pre-lawsuit but incur a lot more expenses, then it would be beneficial for you to take the offer pre-lawsuit. Well-experienced lawyers can evaluate your case and give you the advice that you need to recover the most amount for your case.

If you or a loved one has suffered a personal injury, contact the lawyers at Blevins & Hong at (678) 883-7081 for a free consultation.

We frequently assist clients in resolving hit-and-run allegations. Hit-and-run charges are particularly troublesome for defendants because, by simply acknowledging involvement in the accident, you’re potentially incriminating yourself.

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator’s license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

What Is the Punishment for a Hit-And-Run in Georgia?

Georgia's hit-and-run law makes certain hit-and-run-related offenses felonies, but generally, a hit-and-run offense is a misdemeanor. If the accident that the driver attempted to leave the scene of caused “serious injury” or death, the hit-and-run may be charged as a felony:

If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

O.C.G.A. § 40-6-270.

What Is Enhanced Punishment for Multiple Hit-And-Run Convictions in Georgia?

If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.

The team at Hong & Sessions Law has an exceptional record of successfully defending Georgia hit-and-run offenses. In the overwhelming majority of cases, we are able to conclude the cases (1) without our client being arrested on a warrant for the hit-and-run offense and (2) without a conviction for hit-and-run.

If you have been involved in a hit-and-run in Georgia, contact Blevins & Hong today.

For most people injured in a car accident, obtaining the maximum recovery/settlement possible as quickly as possible is a high priority. If you are seriously injured in a car accident, your inability to work and provide for your family may place an extreme burden on your family’s well-being. Having a lawyer that understands how to efficiently navigate the process and aggressively pursue the recovery that you deserve is essential for many of our clients. We want you to understand the process of pursuing a settlement and what to expect.

Protecting/Preserving Insurance Coverage After a Car Accident Is a Crucial Part of Pursuing a Recovery

It is critical that we take action after a car accident to notify insurers that are possibly responsible for covering the accident of incident. Notice to an insurance company of a possible covered loss/incident is a requirement of every insurance policy. It is critical that both the at-fault driver’s insurer and any potential uninsured motorist policy carrier be notified of the accident and the potential claim.

We have provided an extensive discussion of the process of establishing a claim and notifying insurers of a claim.

Ensuring the Payment of Medical Expenses Through Available Health Insurance Policies

It is not uncommon for medical care providers and hospitals to attempt to recover from the proceeds of a car accident settlement as opposed to billing your available health insurance carrier. This procedure can make a real difference in the amount of recovery that you obtain, and a failure to pursue the billing of your health insurance policy early in the process can delay the settlement of the case.

The payment of medical bills and obtaining the necessary care for injuries resulting from a car accident is an essential part of the process.

Many clients are rightfully concerned about whether they will be charged fees and expenses by their lawyer if they do not win their car accident injury case. If our firm accepts your case, you will enter into a written fee agreement with the firm. Two clauses in the fee agreement address these concerns directly. Our fee agreement in car accident injury cases is what is called a contingency fee agreement. We are not paid a fee unless we win your case. Unlike many firms that handle personal injury cases, we also do not bill our clients for case expenses unless we obtain a recovery in the case.

Why Do We Not Charge Our Clients Unless We Win the Case?

When you engage an attorney to represent you in a serious injury case, you are placing a tremendous amount of trust in that attorney. The attorney must likewise believe in your case and his/her ability to win your case. That is a bet/risk that the attorney must be willing to take. For many of our clients, their injury has caused tremendous financial hardships for their families. Wondering “What if I lose my car accident injury case?” only adds to their anxiety and fear. We have simply taken the stance that we do not need to compound those problems by seeking to recover costs if we do not win the case. That is a personal/moral position that we at Blevins & Hong have chosen to take.

Generally, when attorneys talk about establishing a claim after a car accident, it means that they are communicating with the at-fault driver’s insurance company and any potential un- or underinsured motorist carriers about the accident. An important part of establishing the claim with insurers is getting the claim set up with insurers and getting a claim number that your attorney will use to communicate with the insurer about the claim going forward. However, there are two (2) more important tasks performed in connection with the establishment of the claim after a car accident:

• To establish a claim after a car accident, provide the insurer with notice of the incident that is covered by the insurance policy. As a condition of coverage, every insurance policy requires that the insurer receives timely notice of the occurrence of an event that is covered by the policy. The failure to provide timely notice of the occurrence of an event that is covered by the insurance policy can result in the insurer attempting to avoid coverage by filing what is called a declaratory judgment action.
• Establishing a claim after your car accident is our first opportunity to discuss with the insurance company the details of the claim. Yes, first impressions really do matter. With the establishment of the claim, your attorney can begin to help the insurer understand the value of your case. This can make a huge difference in your final settlement.

If you or someone that you care about has been injured in a car accident, contact Blevins & Hong today for a free consultation.

The process after you are hurt in a car accident is complex and a source of anxiety for many people. At Blevins & Hong, we understand that getting the best possible results for our clients is a primary concern, but keeping our clients informed about the status of their car accident case and helping our clients understand the process is equally as important. Here, we discuss the general process that most car accident cases follow:

What Is the Process After You Are Hurt in a Car Accident?

• You begin the process of getting the medical treatment that you need.
• We put potential insurers on notice of the accident. Notifying insurers of the accident and the potential claim is required in order to obtain coverage for the car accident.
• We will work to learn how much available insurance coverage there is for the accident.
• You will continue receiving medical treatment until you reach maximum medical improvement.
• We will work to obtain all of your medical and billing records from care providers as soon as you complete treatment.
• We will compile and demand a package and discuss with you an acceptable recovery.
• We will engage in negotiations with the insurance company in an effort to attempt to satisfactorily resolve your car accident claim prior to the filing of a lawsuit.
• We will file a lawsuit in the event that we cannot settle the case amicably through negotiations.

If you or someone that you care about has been injured in a car accident, contact Hong & Sessions Law, LLC today for a free consultation.