How do we sue a Driver and his insurance for damage and injury?

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How do we sue a Driver and his insurance for damage and injury?

My wife was in a car accident and our car was damaged and our friend was injured.
The other driver’s insurance says it was our fault and denied the claim. However
our insurance State Farm said it was the other driver’s fault. How do we go about
suing the other driver and his insurance company?

Asked on January 3, 2017 under Accident Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the at-fault driver for negligence for the property damage (cost of repairs) to your car.
As for your injured friend, when he/she completes medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, he/she should obtain the medical bills, medical reports and documentation of wage loss.  The personal injury claim should include those items and should be filed with the at-fault party's insurance carrier.  If the insurance carrier is still denying the claim, the injured party should sue the at-fault driver for negligence.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is NOT settled, a lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your friend will lose his/her rights in the matter forever.
Your wife and the friend should also consider suing the at-fault party's insurance company on a bad faith claim. 


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