Questions and Answers
We will post frequently asked legal questions and their solutions here: Answers are in Bold.
Can a Child Sue a Parent in Georgia?
If the child is over the age of 18 or emancipated, they may sue their parent for injuries. “We have long held as a matter of public policy that an unemancipated minor may not sue a parent for injury arising from a negligent act.” Bulloch v. Bulloch, 45 Ga. App. 1 (163 SE 708) (1931); Chastain v. Chastain, 50 Ga. App. 241 (177 SE 828) (1934)
A Parent can sue an adult child in Georgia
Dear Christopher Simon Attorney at Law:
How many cases have you won against Allstate and how many have you lost? I am insured by Allstate. In September 2013I was involved in a car accident where a lady hit my vehicle in the passenger side door while trying to make a left turn. At the accident the lady stated she had insurance, the police ran it, she did but she reinstated it immediately after the crash. Her insurance company denied responsibility. So I used my uninsured motorist. I was thinking this my insurance company and they would take care of me, so I didn’t need a lawyer. Well, I gave them all their requested documents, I made a nice settlement packet which they rejected and offered me 7000 to settle. They only want to give me 80% of my lost wages. I also have my own personal business which they did not pay for me for lost wages because my business had a profit loss. Most of my loss came out of being unable to work. My policy limits are $25000 for bodily injury and $25000 for property damage. I had soft tissue damage. They paid almost 13,000 in damages for my vehicle. I need help. I attached a copy of what I sent over to them for the settlement. Do I need a lawyer? Is $7000 a number I need to settle with? I don’t want to settle for anything but I do need to pay these bills off before they are sent to collections. I will probably be off of work when you respond to this, so can you respond all so that I will receive it on my personal email.
We asked for clarification on the medical bills etc. and the party gave the following information:
Emergency Room: $3,000.00
Er Doctor: $522.00
She had some lost wages claim. She was given an offer of $7,000 by Allstate and wanted to know whether that was a fair offer. We answered her question about win/loss record and advised as follows:
As I said there is no such thing as a win-loss record in tort law. A lawyer can choose to take only clear liability cases and then never has a zero verdict but if they don’t beat the last offer, I consider that a “loss.” Have I always taken good “bets”, yes but that has more to do with case selection. It’s just not a metric you can use and I have been at this and nothing else for 17 years. No good lawyer only takes slam dunk cases. They are just not that challenging.
Looking at your demand, your medical care is extremely brief. $7000 is a pretty fair number. You would have to beat $11,000 with a lawyer to do better in pocket. Good for the lawyer, bad for you. I would not hire a lawyer in your situation.
Hope that helps!
Diminished Value: How do I know and obtain a fair check for diminished value after my car is repaired. To answer the question, read the conversation with a gentleman that we had and you will find the solution.
On Tuesday, January 7, 2014, wrote:
Mr. Simon, The total repair came to 13,400. The last Allstate REP I talked to said that he would not total it until the damages exceeded 17800 b/c that was retail value of a similar clean car. I took the car yesterday straight to CarMax after I picked it up. They offered me 11,000 for it. I called their diminished value department today but they said they will not discuss any values over the phone, He would send me the report in 5-7 days.
I have yet to speak with someone that had a diminished value payout for more than $500.00.
Where do we go from here? I feel like this just can’t be the end-all. I am now making a payment on a car that I am upside down 10k. Needless to say, $500 would be a joke.
Subject: Re: Our Conversation
If you want to fight them on the diminished value issue, give John Felth a call and hire him to do the appraisal. http://www.autoappraisalsite.com/
Understand that CarMax makes wholesale value offers so don’t get too focused on their offer.
Mr. Simon. Thanks again for your help. Just wanted to send a follow-up. Allstate did send me 1000.00 for diminished value. I went to see Mr. Felth the next week. He submitted the diminished valuation at 5200.00. Allstate would not go any higher than 3100.00. I asked where they got the number 3100 from. She said we added our number 1000 plus your number 5200 and divided it by 2. The new offer still does not cover what was taken from us but every little bit helps. If there is anything I can do for you please let me know.