Sunday, September 14, 2008

Step Two: Get a Copy of the Accident Report

To handle your own personal injury case without an car accident lawyer, you will also need the accident report from the police and the disposition. Here is a sample letter that I use in my litigation practice to request it.

Municipal Court of Atlanta
Attn: Traffic Division
150 Garnett Street
Atlanta GA 30303

Re: Jane Doe vs. Betty Smith
D/A: 12/30/2006

To Whom it May Concern:

I would appreciate you sending, at your earliest convenience, the accident report and the disposition of the traffic ticket relating to the following accident:

Date of Accident: 12/30/06

Case No.:

Location of Accident: Corner of Jones St. and Phillips St. in Atlanta, Georgia

Drivers Involved: Your Name and the Other Party's Name


If a plea of guilty was entered, please furnish me with a certified copy at our cost.
Enclosed please find my check to cover the expense of this report. (call ahead to ask for the costs as they won't mail you anything without paying)

Thank you for your anticipated assistance in this matter.

Sincerely

First Step: Write to the Insurance Company for the Person That Hit You

One of the first things that people need to do if they have a serious injury is to determine how much automobile liability insurance is available. In Georgia, there is a statute that requires the insurer to provide this disclosure to you. Remember that the more complex the case is the more you should err on the side of caution and at least consult with an Atlanta injury attorney. Read my article on when you can handle your own case here. Here is a sample letter that you can send to the insurance company to make this determination.

September 14, 2008

CERTIFIED MAIL RETURN RECEIPT

Brenda Jones

Progressive Insurance Company

1975 Lakeside Parkway

Ste 310

Tucker , GA 30084

RE: Bob Smith

Your Insured: Jane Doe

Date/Loss: 12/29/2006

Policy: 5551212

Claim: Unknown

Dear Mrs Jones:

I was injured in the above referenced crash. The claim that may be made against your insured is one involving personal injury, medical expenses, lost wages, pain and suffering and other necessary expenses flowing from the alleged negligence of your insured. The purpose of this correspondence is to request and demand, pursuant to O.C.G.A. § 33-3-28(a)(1) the following information:

1. Any and all known policies of insurance insuring the above-referenced policy holder. Said insurance shall include any excess umbrella insurance.

2. The exact name of the insurer.

3. The name of each insured.

4. The limits of coverage.

You may provide a copy of the declaration page of any policy insuring the above insured in lieu of providing the above-described information. The information requested herein, pursuant to the above-stated Code section, should be provided within 60 days of the receipt of this correspondence.

Sincerely

Some People Don't Need a Personal Injury Lawyer to Handle their Automobile Accident Case

I am an Atlanta Injury Lawyer and have been practicing law in Atlanta for 11 years now and several years ago, I left my practice working for insurance companies and started representing normal people in their struggle against that corporate mess.

I truly enjoy my job and the satisfaction of righting wrongs for people. One thing I have noticed is that a great many people just assume that they HAVE to hire a lawyer to represent them for an injury case and this is just not true.

Over the coming months, I will be writing detailed posts on this and my commercial blogs to explain how people can handle their own claims against the insurance company without having to pay a third of the recovery to their lawyer.

From the outset, I will note that the analysis is a little like handling your own taxes. The more simple your case is, the more likely it is that it makes sense for you to handle your case on your own.

I welcome specific questions and will post the responses here on the blog as we grow together. To get started, I suggest you read my detailed explanation on when you might be able to handle your own injury claim.