Bus Accident Insurance Claims in Georgia

Types of Insurance Involved in Bus Accident Claims

In Georgia, the type of bus involved in an accident determines the insurance policies that apply:

Private Charter or Commercial Buses

Buses must carry commercial vehicle insurance, which typically includes liability coverage for bodily injury and property damage. This insurance covers injuries to passengers, other drivers, and pedestrians caused by the bus driver’s negligence. Companies like Greyhound or Megabus typically carry substantial liability insurance, often exceeding $1 million per incident.

School Buses

Under Georgia Code § 20-2-1090, local school boards must maintain minimum liability insurance coverage of $100,000 per person and $300,000 per accident. However, this statute does not require school boards to obtain insurance for students riding local transit authority buses.

Public Transit Buses

A government agency, such as MARTA in Atlanta, may subject claims to special rules and caps on damages due to sovereign immunity. Government liability insurance often covers these. Filing a claim against a government entity in Georgia involves strict procedures and shorter deadlines.

Personal Auto Insurance

If you were driving your own vehicle and were hit by a bus, your personal auto insurance may come into play, especially if the bus company’s insurance is insufficient to cover all damages.

Uninsured and Underinsured Motorist Coverage

In some cases, the bus or its driver may not have adequate insurance. Georgia law allows injured parties to use their own uninsured/underinsured motorist (UM/UIM) coverage to help bridge the gap. This coverage can provide additional compensation for medical expenses, lost wages, and other damages.

Statute of Limitations and Notice Requirements for Bus Accident Claims in Georgia

Time is of the essence when filing a bus accident claim in Georgia.

• Private Bus Accidents. You generally have a two-year window from the date of the incident to initiate an injury lawsuit.
• Government-Owned Bus Accidents. A bus operated by a government agency, such as MARTA or a public school district, requires you to file an official notice of your claim within six months of the crash. Failure to do so can bar you from pursuing compensation.

Filing Bus Accident Insurance Claims in Georgia

The process for filing a bus accident insurance claim in Georgia involves several key steps:

• Seek Medical Attention. Prioritize your health by obtaining a medical evaluation, even if injuries aren’t immediately apparent.
• Report the Accident. Notify the police and file a report. This document is crucial for insurance and legal purposes.
• Gather Evidence. Collect photographs, witness statements, and any other relevant information from the accident scene.
• Notify Your Insurance Company. Inform your insurer about the accident promptly. Providing them with the police report and your documentation can help streamline the claims process.
• Consult an Attorney. Given the complexities of bus accident claims, especially those involving government entities, consulting with a personal injury attorney can help you understand your rights and the next steps to take.

Determining Liability in Bus Accidents

Liability in bus accidents is often intricate and may involve several parties:

• Bus Driver. If the driver’s negligence caused the accident, they may be held responsible.
• Bus Company. The company may be responsible if the accident resulted from poor maintenance, inadequate training, or other operational failures.
• Other Drivers. If another motorist’s actions contributed to the accident, they may share liability.
• Government Entities. In cases involving public transit buses, sovereign immunity may limit the ability to sue government agencies. However, you must follow specific procedures to file a claim against a government entity.

Types of Compensation Available

Victims of bus accidents in Georgia may recover various forms of compensation including:

• Medical Expenses. Coverage for hospital stays, surgical procedures, rehab, and ongoing healthcare needs.
• Lost Wages. Compensation for lost wages due to the inability to work following the accident.
• Pain and Suffering. Damages for physical pain and emotional distress resulting from the accident.
• Property Damage. Reimbursement for damage to personal property, such as personal items lost or damaged in the accident.

How Insurance Claims Are Processed After a Bus Accident

Immediate Steps

After a bus accident, it is vital to seek medical attention immediately and report the accident to law enforcement. Collecting evidence such as photos, witness statements, and the bus company’s insurance information is essential.

Filing a Claim

Your attorney will help you file a claim with the bus company’s insurance provider. This involves submitting medical records, proof of lost wages, and other documentation to support your damages.

Insurance Investigation

The insurance company will investigate the accident to determine fault and the extent of liability. They may request statements, accident reports, and medical evaluations.

Negotiation and Settlement

Most bus accident claims resolve through negotiation. Your attorney will advocate for a fair settlement that covers medical expenses, pain and suffering, lost income, and other damages.

Litigation

Your attorney may initiate a lawsuit if you cannot reach a fair settlement. Litigation can be complex, especially when dealing with government entities or multiple defendants.