Our client was driving an ATV when a vehicle traveling in the opposite direction failed to yield while turning left, striking our client head-on and throwing him from his ATV. The impact left our client unconscious at the scene and unable to tell the responding officer what happened. The other driver told the officer a false version of how the wreck happened. He said that our client came over into his lane and ran head-on into his car. The officer wrote the police report based on the other driver’s version of events without ever speaking to our client. The insurance company sided with the other driver and denied our client’s claim completely.
Our client was immediately transported to the hospital ER with injuries to his head, chest, neck, leg, and arm. Remarkably, he was treated for his injuries and was able to go home from the hospital the following day.
Our client came to see us about one month after the wreck. Right away we started investigating what happened. We obtained body-cam footage and 911 calls. We located and spoke to witnesses at the scene, as well as people who lived nearby who might have seen the wreck. Based on video, photographs, and witnesses, we argued that the location of the impact was in our client’s lane of travel, and the other driver was entirely at fault.
Our firm sent to the insurance company a demand for payment of the policy limits. The claim for damages was also made pursuant to the Georgia Unliquidated Damages Interests Act, O.C.G.A. § 51-12-14. The insurance company paid without the need to file a lawsuit.