My 10 year old son and I were involved in 3 car accident that was pretty bad. My car (that had 30 day tags on it) is extremely messed up and the other two vehicles are definitely totaled (one flipped twice and the other had her airbag deploy).
During conversation with the driver of the at-fault vehicle, I found that she only had a learner’s permit. She said that she swerved to miss a car, but she came over 2.5 lanes within like 2 seconds.
She hit me first, then I hit a truck and was sandwiched between the two vehicles for about a block or more, then the truck hit the wall and flipped, ejecting the passenger onto the highway.
The at-fault party has no insurance, so, how do I handle the notification letters? Do I write one to the at-fault person’s insurance and mine as well? Please advise.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You should send a notification letter to the insurance company of each party involved in the accident. We also recommend that you contact a local attorney for help.
Multi-car crashes can grow complex, and a skilled personal injury attorney can help find applicable insurance policies to maximize your compensation.
Notifying Your Insurance Company
Almost all auto insurance policies have a cooperation clause. The clause obligates you to cooperate with your insurer after an automobile accident.
At the very least, cooperation includes notifying the insurance company following an accident. You should call or send a letter to your insurer to ensure you comply with your policy.
Further, you can likely receive compensation for any losses if you have standard collision coverage or uninsured motorist coverage. You’ll need to notify your insurer of the accident to take advantage of these policies (if they’re in place).
There’s also a good chance that the other drivers will notify your insurer of the accident in trying to bring an injury claim. Since you weren’t at fault for the incident, it’s unlikely that the other parties would succeed. Regardless, your insurance company has a duty to defend you against claims. A notification letter will help your insurer uphold this duty.
Notifying the Insurer of the At-Fault Driver
Georgia is a fault state, meaning that an auto accident victim files an injury claim with the at-fault driver’s insurance company. The applicable law is OCGA 51-1-6.
Since Georgia is a fault state, you technically should send a notice letter to the at-fault party’s insurer.
Granted, your question mentions that the at-fault driver has no insurance. However, we don’t know how certain this information is. If the at-fault party said as much, maybe she’s lying to avoid a claim against her insurance company.
If the at-fault driver was not the vehicle owner, an attorney could help you find the valid owner of the vehicle and send a notification letter to that party’s insurer.
Further, if the driver’s parents owned the car, you could file a claim with one or both of their policies. If applicable, an attorney can send a letter to these insurers as well.
Notifying the Insurer of the Truck
Your attorney will almost certainly send a notification letter to the insurance company of the truck driver. This is a good thing.
We don’t know if the truck driver was negligent in any way. However, in multi-car accidents, it’s a good idea to inform the insurers of all parties and let the insurance companies fight matters out.
Learn more here: Multi-Car Accident Compensation
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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