Attorneys in Gwinnett County, Georgia for Car Accidents

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.

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.

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.

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.