How a Declaratory Judgment can Affect a Personal Injury Lawsuit

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When a car accident leads to a personal injury lawsuit, the defendant’s insurance company often plays a critical role. The insurer often takes the lead in providing the defendant with legal advice, and in many cases the insurer will work to try and settle a claim without the need for extensive litigation. On the other hand, if the insurer tries to disclaim coverage, that can lead to additional litigation regarding the insurer’s obligations.

United Specialty Insurance Co. v. Cardona-Rodriguez

Georgia has a state law known as the Declaratory Judgment Act. This law essentially permits an insurance company to file a separate lawsuit that asks a judge to clarify its obligations with respect to an insured defendant in a personal injury case. The declaratory judgment therefore serves to resolve any uncertainty or ambiguity in the interpretation of an insurance policy.

There are situations where a declaratory judgment may not be appropriate. A recent decision form the Georgia Court of Appeals, United Specialty Insurance Co. v. Cardona-Rodriguez, helps to illustrate this point. This case arises from an unusual accident. A man named Rodriguez took his van to a local car wash for cleaning. While driving the vehicle, an employee of the car wash accidentally put the van in reverse and ran into Rodriguez, crushing his leg. As a result, doctors were forced to amputate Rodriguez’s leg above the knee.

Rodriguez later sent a letter to the car wash’s insurance company, United Specialty, demanding it pay out the limit of the business’ commercial insurance policy, which was $100,000. United Specialty replied the applicable policy limit was $25,000 and said it would only settle for that amount. Rodriguez rejected the offer and proceeded to file a personal injury lawsuit against the owner of the car wash.

To be clear, the car wash did have a $100,000 insurance policy. But United Specialty determined its liability was limited to the state-mandated minimum coverage of $25,000 because the car wash violated a “garage coverage endorsement” in the policy. This endorsement limited United’s liability in the event an accident was caused by an unlicensed driver.

In this case, the car wash employee who crushed Rodriguez’s foot did not have a driver’s license. United Specialty therefore filed a declaratory judgment action asking a judge to confirm it did not have to provide the full $100,000 in coverage. As it turned out, the trial court ruled against United Specialty, holding that under Georgia law, a person does not need a license to operate a vehicle on “private property,” including the garage area of a car wash.

But the Court of Appeals said the trial court should not have issued any type of declaratory judgment in this case. Indeed, the trial court “was without jurisdiction to render a declaratory judgment,” because this was not a case where an insurance company sought clarification of its rights or obligations. Rather, it was a case where the insurance company had denied coverage outright. An insurer cannot seek a declaratory judgment after it has already denied a claim.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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