How to Recover Compensation If Your Family Member Was Killed in a Georgia Car Accident
Does Georgia have a special accident report for fatal crashes?
Yes. Fatal crash cases in Georgia often receive a more detailed investigation by the Specialized Collision Reconstruction Team (SCRT). The SCRT conducts in-depth analyses, including photographs, measurements, and vehicle data collection, to determine how the collision occurred. Their findings may help establish liability and strengthen your family’s claim.
Does our family need a car accident lawyer if we are entitled to the maximum policy limits?
It is strongly recommended. Insurance companies are not always obligated to pay the full amount of policy limits and may attempt to dispute fault or undervalue the claim. An experienced attorney can identify applicable insurance coverage and advocate for fair payment through thorough investigation and effective negotiation.
What if the at-fault driver fled the scene or lacked insurance?
If the at-fault driver cannot be identified or does not have enough coverage, families may still recover damages through the deceased’s uninsured or underinsured motorist (UM/UIM) coverage. O.C.G.A. § 33-7-11 requires insurers to offer this protection when issuing policies. A car accident lawyer can help identify available coverage sources, including secondary or umbrella policies
What is “bad faith” by an insurance company in a fatal car accident claim?
An insurer acts in bad faith when it fails to properly investigate, negotiate, or settle a claim in the best interest of its insured. If an insurer unfairly refuses to pay a valid claim, your family may seek additional compensation beyond policy limits under O.C.G.A. § 33-4-6.
How do insurance companies investigate fatal car accidents?
After a fatal crash, insurance companies will conduct thorough investigations to determine fault and the extent of damages. They review police reports, accident reconstruction findings, witness statements, medical records, and any available video or photographs. Insurance adjusters may also interview family members or survivors to gather details. Because these investigations affect the compensation your family may receive, it’s crucial to cooperate carefully and consult an attorney before giving detailed statements.
What if my loved one survived for a time before passing away after the accident?
If your loved one lived for any period after the accident, whether hours, days, or weeks, their estate may bring a “survival claim” in addition to a wrongful death claim (O.C.G.A. § 9-2-41). It’s important to speak with an attorney promptly, since survival claims have strict deadlines starting from the day of the accident.
