Cornelia, GA Personal Injury Law Firms & Lawyers

It seems that your actual question is whether you can sue the drunk driver after you received "a little money" from his insurance company (or the company they outsourced your claim to). The answer is whether you signed a Release (of your injury claim) in exchange for the money you received. Almost all releases contain language that would prevent someone from receiving any more money from anyone, in your case the drunk driver and his/her insurance company, for injuries and damages caused by an accident. Many releases contain language the following language or something very similar to it: FOR AND IN CONSIDERATION OF $xxxxx I hereby full and forever release and discharge DRUNK DRIVER and DRUNK INSURANCE COMPANY their heirs, administrators, executors, successors and assigns, and all other persons, firms or corporations who are or might be liable from any and all claims, demands, actions and rights of action of whatever kind of nature, which I now have or may hereafter have arising out of or resulting in any manner from injuries, losses and damages, (known and unknown, developed or undeveloped) sustained as a result of an accident which occurred on or about the 1ST day of JANUARY, 2012. I hereby accepts/accept said sum as a compromise and final settlement of all claims on account of any dispute between the parties hereto as to whether the above named parties are liable to the undersigned or not, and also as to the nature, extent and permanency of the injuries sustained by me. If you only signed a release that related to damage to your vehicle and did not mention your injury claim, then you could receive additional money. In short, the answer to your question depends on whether you signed a release of your injury claim. If you did then you could not sue or receive any more money for the accident. Otherwise, if you did not sign a release, you could get sue and get more money.

Under Georgia law the plaintiff can be negligent and partially responsible for the injury and still recover, in a reduced amount, as long as the plaintiff's percentage of negligence is less than 50%. If the injury is caused by 50% or more negligence by the plaintiff then the plaintiff cannot recover anything.

The matter should be reported to your insurance company if you have one, to the company of the owner of the car. They will deal with it. If there is no insurance hire a lawyer and ask him to help. You can pay the damage out of your own pocket if there is no coverage.