Michael W. Horst
Horst Shewmaker, LLC
I grew up in Toledo, Ohio. I went to college at Miami (OH) University. I then went to Wake Forest University School of Law.
I have been practicing law since 2001. For more than 14 years, my practice focused on representing companies and insurers in personal injury actions. My specialty was defending truck drivers, motor carriers, and their insurers. I enjoyed the legal work the cases’ results often left me empty and unfulfilled. In 2015, I transformed my practice. Instead of representing companies and insurers, I changed to filing lawsuits against them. I now enjoys being part of the solution instead of one of the many obstacles standing between the injured person and just compensation. It is hard work for sure going up against billion dollar insurance companies but it is made easier by the fact I used to be one of their lawyers. I know their tactics, their strategies, and their ploys.
- Wake Forest University School of Law
- J.D. | Law
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- Miami University of Ohio
- B.S. | Bachelor of Arts and Science
- Honors: Graduated cum laude
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- Trial Attorney
- Van Sant Law, LLC
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- Shareholder
- Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
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- Associate
- Hall Booth Smith & Slover, PC
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- Associate
- Dennis, Corry, Porter & Smith, L.L.P.
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- Associate
- Freeman Mathis & Gary, LLP
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- Crash Course
- Smart Business
- Personal Injury Statute of Limitations: Tolled While Criminal Prosecution is Pending
- Georgia Defense Lawyers Association Journal
- Georgia Transportation Law, Legal Conference on Changes in the Law, Denver, CO
- Continental Casualty Company
- Admitted member
- United States District Court for the Southern District of Georgia
- Admitted member
- United States District Court for the Middle District of Georgia
- Admitted member
- United States District Court for the Northern District of Georgia
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- State Bar of Georgia
- - Current
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- Georgia
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- Free Consultation
- Contingent Fees
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- English: Spoken, Written
- Q. If my car get hit from behind and a passenger of my car dies can I be charged with anything
- A: The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy but you decided to ignore the risks and continue to drive, then there may be charges.
- Q. What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.
- A: Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.
- Q. 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -
- A: Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property. In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against the tortfeasor (i.e., the person who caused the damage to your property). At the same time you file suit against the tortfeasor, you should serve the insurance company with the same suit papers that you served on the tortfeasor. Then, in the event you receive a verdict against the tortfeasor for an amount equal to or in excess of the amount you demand, you can then to have the judge or jury make a determination as to whether the insurance company acted in bad faith in the handling or adjustment of the attempted settlement of your claim. The insurance company is not made known to the jury until AFTER you have received a verdict against the tortfeasor for an amount equal to or in excess of the amount you demand.
How long does it take to get settlement money
After a car accident there are some legal and medical processes that need to play out before you get paid. We'll take you through a few different scenarios and explain how your situation might effect the timing of your settlement.
Will insurance rates go up after an accident
We discuss the impact a car accident will have on your insurance premiums - even if you are not at fault.
Can I still sue for my car accident?
Find out how long after an accident you can wait and still file a claim or sue in Georgia.
How to get your medical bills paid after a car accident
Learn who pays your medical bills when the other driver is at fault.
What to say to insurance companies after a car accident
Dealing with insurance companies is rarely fun - especially after a car accident. In this video, we'll breakdown: - What to expect - What you should say - What you should avoid discussing
What to do at the scene of an accident
There are important steps you should take immediately following a car accident. 1) Call 911 and notify the operator if medical assistance is needed 2) Avoid discussing details with the other driver 3) When the police officer arrives, provide him or her with the requested documentation 4) Be truthful with the police officer but stick to the facts 5) Request medical assistance if you are hurt 6) Contact your insurance company 7) Contact an attorney
Legal Process Following a Car Accident
Understand the different steps of the legal process you'll face following a car accident