Atlanta Personal Injury Lawyer Blog

Georgia personal injury claimants often have personal injury claims or wrongful death claims against negligent defendants who are under-insured. Under-insured means that the personal injury or wrongful death claim is worth more than the available insurance that covers the claim. Attorney Richard Griffin says, "There is nothing sadder than having a client whose personal injury or wrongful death claim is worth more than the available insurance. Our firm reviews the case throughly to identify all of the insurance policies are found. Otherwise, injured victims are faced with deciding if they want to settle for the policy limits or pursue the long litigation process and hope that any excess jury verdict can be recovered against the personal assets of the defendant." Negligent entrustment is one method of increasing the coverage for a personal injury or wrongful death claim.

What is negligent entrustment?
Negligent entrustment of a motor vehicle to a driver who is not competent to drive is a negligent act against the vehicle owner. The owner of the vehicle may be liable for the injuries caused by someone's negligent operation of their vehicle if the owner permits the use of their vehicle knowing the driver is incompetent to drive due to one of the following reasons:
(1) the driver is too young to safely operate the vehicle;
(2) the driver is too inexperienced to safely operate the vehicle;
(3) the driver has physical or mental conditions which make it unsafe to drive;
(4) the driver is intoxicated; or
(5) the driver has a known habit of reckless driving (more than just speeding or other negligent acts).

What is an example of negligent entrustment?
If the owner of a car entrusts or gives permission to a driver who he or she knows is drunk (DUI), then the car owner could be liability for the negligent act of allowing a known drunk person to operate a motor vehicle.

What liability does a motor vehicle owner normally have when someone else negligently causes a car wreck?
Normally, absent negligent entrustment, the owner of the vehicle would not have personal liability for the personal injury or wrongful death claim that may arise from someone else's negligent driving of their vehicle. There is, of course, the auto insurance policy that covers the car that would cover the personal injury or wrongful death claim, but there would not be any personal exposure to the car owner's personal assets unless there was negligent entrustment.

Can there be more than one automobile policy that covers the personal injury or wrongful death claims that arise from an automobile accident?
Yes. The auto insurance policies that may also cover the personal injury or wrongful death claims from an automobile accident (car wreck, truck accident, motorcycle accident, bicycle accident, or pedestrian accident) include the following:
(1) The auto insurance for the vehicle being driven by the negligent driver;
(2) Any other automobile liability policies that cover the negligent driver;
(3) Any Umbrella Policies that cover the negligent driver;
(4) Any employer liability policies if the negligent driver was doing something for the benefit of his employer at the time of the accident;

Why Is It Critical To Hire An Experienced Personal Injury / Wrongful Death Lawyer?
The facts of surrounding each personal injury or wrongful death claim can make a huge difference in how many insurance policies cover the claim. Experienced personal injury lawyers and wrongful death lawyers can make all the difference in the amount of the recovery by identifying all insurance policies that cover a claim and by obtaining the policy limits information for each policy. The minimum coverage in Georgia is $25,000 / $50,000 for personal injury claims, but many have far more coverage than this. There is nothing that makes me sadder than hearing about an claimant that was under paid for there personal injury or wrongful death claim. Attorney Richard Griffin, however, has had the privilege of helping injured victims since 1994 be fully compensated for their personal injury, wrongful death, worker's compensation, or social security claim claims. Over these many years it has been my pleasure to help people put their lives back together after the negligence acts of another turned their lives upside down.

For a free consultation for your claim, please The Griffin Law Firm at 866-847-6545.

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