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Car Accident Lawyer: Do You Have to Appeal a Claim Before You File Suit?

car accident lawyer

Some people pride themselves on being the kind of person who would never sue anybody. They trust that, if they get into a car accident, their insurance carrier will take care of them. And, if the other driver was at fault, they assume the other person’s insurance company will cover their injuries. So, when your insurance claim is denied, you don’t know what to do. Part of you wants to call an Augusta car accident lawyer.

Another part of you wants to just walk away and chalk it up to a very unhappy learning experience. The truth is that you didn’t do anything wrong. If you truly believe the other driver caused the crash, they should be held accountable. This is something your Georgia injury attorney can do. They’ll fight to make sure you get the compensation you deserve. They don’t care who pays you or why. They just want to make sure you’re not the one holding the bag if it wasn’t your fault.

Why Do You Need to Call an Experienced Augusta Car Accident Lawyer?

If you’ve recently been injured in a car crash but insurance won’t pay your claim, you have options. You can walk away, being forced to pay for everything yourself. Or you can appeal your claim hoping that the insurance adjuster will change their mind. However, if the same person handling the appeal is the one who denied your claim in the first place, the outcome will probably not be good.

At least if you have an Augusta car accident lawyer there with you, the insurance adjuster will take you seriously. They know that you’re not going to sit back and take it. With an attorney by your side, they won’t be allowed to take advantage of you.

Give the Insurance Adjuster a Chance to Do the Right Thing

When you first file your auto insurance claim, the expectation is that it will be paid. If the other driver was at fault, you can’t imagine why your claim wouldn’t be paid. You always paid your premiums. You’ve never been in a car accident before. So why is it you receive a letter in the mail saying that your claim has been denied?

You see that you have the option of appealing your claim. You don’t think you can handle this on your own. You finally break down and contact a Georgia injury attorney. One of the first things your attorney will tell you is that the insurance company is not in the business of paying every claim that comes across their desk. In fact, they normally deny a certain percentage of claims anyway. Your claim may just have been one of the lucky few.

car accident lawyer

If it Makes Sense, Your Georgian Injury Attorney Will File an Appeal

There are times when it makes perfect sense to file an appeal with the insurance company. For example, if your claim was denied because the insurance company doesn’t think you were hurt, Your Augusta car accident lawyer can demonstrate that this wasn’t the case. All they’ll have to do is prove that the other party was negligent.

In order to collect damages on behalf of your client, your Georgia injury attorney must show the following four things:

  • The defendant owed you a duty of care – This shouldn’t be hard to prove in a car accident case. All drivers owe a duty of care to other motorists.
  • They breached this duty of care – You will have to show that the defendant did something to breach this duty. An example of this could be when the other driver was arrested for DUI at the accident scene.
  • You suffered some sort of injury – This is why we tell our clients to go to the emergency room immediately after their accident. This way, the defendant’s lawyer can’t blame your injuries on something else.
  • Your injuries were directly caused by the defendant’s breach – This is similar to proving your injuries. If the defense attorney can argue that something intervened between the time of the crash and the moment you’re treated for your injuries, you could have a problem.

Once you’re able to demonstrate these four elements of negligence, you can move on to the discussion of damages.

You’re Better Off Letting Your Augusta Car Accident Lawyer Handle Things

There’s nothing wrong with trying to handle your car accident claim on your own. It’s not like the law requires you to hire an Augusta car accident lawyer. However, it’s probably in your best interest to have someone by your side who knows the law. For all you know, the insurance company may deny your claim. Or they may only be willing to pay part of your claim.

Either way, you’re angry and have no idea what you’re supposed to do next. Thankfully, your Georgia injury attorney knows what options you have available to you.

We suggest that you contact our office as soon as possible after your crash. Sit down with one of our August car accident lawyers and let them review your information. In order for them to properly assess your case, make sure to bring the following with you to your free, initial consultation:

  • A copy of the police report
  • Any correspondence you’ve received from the insurance company or the other driver’s attorney
  • A copy of your medical records highlighting your injuries
  • Copies of any bills you’ve received (such as mechanic’s bills, doctor’s co-pays, etc.)
  • Pictures of the damage to your vehicle

If possible, you can even forward this information to your Georgia injury attorney ahead of time. This will give them a chance to review them prior to your initial consultation. You can bet the other driver will have a team of lawyers representing them. The last thing you want to do is go up against them all by yourself. Since your first consultation is free, you have nothing to lose.