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My car was totaled in an accident no personal injury and it…

Customer Question
My car was totaled...

My car was totaled in an accident no personal injury and it was fully insured, am I entitled to anything other than having the car paid up to the value?

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

In Georgia

Lawyer's Assistant: Has anything been filed? If so, what?

The accident claim was filed by myself, the other driver who was at fault was drunk and left the scene

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son was driving and he is not listed on my insurance

Submitted: 1 month ago.Category: Legal
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Answered in 3 minutes by:
3/14/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,355
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under GA law for property damage claims, all that the party at fault is liable to pay is the value of the property damaged at the time of the accident. There is no emotional damage, no pain and suffering damages with one exception. If you can prove he was drunk at the time of the accident, under GA law a jury could award you "punitive damages" which are damages in punishment for driving drunk illegally and can be up to 3 times the actual damages caused, plus your attorney's fees.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Satisfied Customers: 123,355
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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