By Kevin Judicki, Attorney, Savannah

Earlier this year, a client came to see me a few days after a crash on a busy road here in Savannah. They were stopped at a red light, doing everything right, when the driver behind them didn’t stop. Police came out, an ambulance took my client to the emergency room, and the hard part started from there.

I want to walk you through this case because it shows something I explain to people almost every week: the at-fault driver’s insurance is often not the end of the story. Sometimes it’s only the beginning.

At the ER, my client had X-rays and was treated for neck strain, back pain, and pain in the hips and shoulders. Within a week they were seeing an orthopedic spine practice. Over the next few months the picture got clearer, and it wasn’t minor. The diagnoses included disc displacement in the neck, including at the C6-C7 level. My client went through physical therapy, and the doctors discussed a cervical injection and, possibly, surgery.
The medical bills alone climbed past $40,000.
There was one more wrinkle. My client had been dealing with an earlier, unrelated injury before this crash. Insurance companies love that kind of fact, because it lets them argue the pain was already there. Georgia law doesn’t let them off that easy. If a crash makes an existing condition worse, the at-fault driver is responsible for that aggravation, and any brand-new injury is theirs too. In this case the neck pain was new. Our job was to document what was new, what got worse, and make sure the medical records told that story clearly.

Fault was never seriously in dispute. A stopped car, a driver who didn’t stop behind it, a police report. Georgia law requires drivers to keep a safe distance, and following too closely is about as straightforward as it gets.

The problem was coverage. The at-fault driver carried $25,000 in bodily injury coverage, the minimum Georgia requires. With more than $40,000 in medical bills and treatment still going, $25,000 was never going to make my client whole.

Once the records and bills were in, we sent a demand for the full policy limits. The insurer tendered the full $25,000.

This is the part where people who handle claims on their own can get hurt. Accepting the at-fault driver’s limits is usually the right move, but how you do it matters a great deal.

Georgia law (O.C.G.A. § 33-24-41.1) allows an injured person to settle with the at-fault driver’s insurer for its limits using a limited release. That release protects the at-fault driver personally but keeps the door open to pursue your own uninsured/underinsured motorist (UM) coverage. Sign the wrong release, or skip the steps your own carrier is owed, and you can put that UM claim at risk.

My client accepted the tender, and we kept going, because we knew there was another policy in play.

My client had bought UM coverage on their own auto policy. The limit was $50,000, and it was “add-on” coverage. That one word made a real difference.

UM coverage in Georgia generally comes in two forms:

• Reduced-by: your UM limit is reduced by whatever the at-fault driver’s insurance pays. With $50,000 of reduced-by coverage and $25,000 already paid, only $25,000 would have been left.
• Add-on: your UM coverage sits on top of the at-fault driver’s coverage. Nothing gets subtracted.

Because my client had add-on coverage, the full $50,000 was on the table. We put together a UM demand with the complete medical records and bills and sent it to my client’s own carrier. About a month later, that carrier tendered its full $50,000 UM limit.

The total recovery was $75,000: $25,000 from the at-fault driver’s insurer and $50,000 from my client’s own UM coverage. Both were full policy limits. The case resolved without filing a lawsuit, and the settlement was disbursed in early September, less than six months after the crash.

My client made the decisions at every step. Our team handled the demands, the insurers, the releases, and the medical liens so my client could focus on getting better.

1. Check your own policy today. Look for UM coverage, the limit, and whether it’s add-on or reduced-by. If you can’t tell, call your agent and ask.
2. The state minimum doesn’t go far. $25,000 can disappear fast after an ambulance ride, an ER visit, and a few months with a specialist.
3. Don’t sign anything from the other driver’s insurer until you know how it affects your UM claim. The wrong release can cost you.
4. A prior injury doesn’t end your case. Aggravation of an existing condition is part of what the at-fault driver owes.
5. Get treatment and follow through. Your medical records are the backbone of your claim.

If you’ve been hurt in a crash in Savannah or anywhere in coastal Georgia and you’re not sure what coverage is available, call us. We’ll go through the policies with you and explain your options, at no cost to talk.

Kevin D. Judicki, Mike Hostilo Law Firm, 33 Park of Commerce Blvd., Savannah, GA 31405

Attorney Advertising. Past results do not guarantee, warrant, or predict future outcomes. Every case is different, and the outcome of any matter depends on its own facts, the insurance coverage available, and the law that applies. The amounts described above are gross settlement amounts, before attorney’s fees, case expenses, and medical bills or liens were paid. To protect client confidentiality, the client’s name and identifying details have been left out. This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.

*This article is for information purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Every case depends on its own facts, evidence, and applicable law.