Michael W. Horst

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

2001

Miami University of Ohio

B.S. | Bachelor of Arts and Science

1998

Honors: Graduated cum laude

Trial Attorney

Van Sant Law, LLC

2015 - 2019

Shareholder

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

2010 - 2015

Associate

Hall Booth Smith & Slover, PC

2008 - 2010

Associate

Dennis, Corry, Porter & Smith, L.L.P.

2003 - 2008

Associate

Freeman Mathis & Gary, LLP

2001 - 2003

Crash Course

Smart Business

2010

Personal Injury Statute of Limitations: Tolled While Criminal Prosecution is Pending

Georgia Defense Lawyers Association Journal

2009

Georgia Transportation Law, Legal Conference on Changes in the Law, Denver, CO

2009

Continental Casualty Company

Admitted member

United States District Court for the Southern District of Georgia

2007

Admitted member

United States District Court for the Middle District of Georgia

2004

Admitted member

United States District Court for the Northern District of Georgia

2002

Super Lawyer

Super Lawyer

2022

Super Lawyer

Super Lawyer

2021

Super Lawyer

Super Lawyers

2020

Super Lawyer

Super Lawyers

2019

Super Lawyer

Super Lawyers

2018

State Bar of Georgia

2001 - Current

Georgia

Since 2001

• 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

Q. Am I obligated by law to pay for repairs?

January 9, 2023

A: Yes. When you cause an accident, you are legally obligated under Georgia law to pay for the damages you caused. The statute of limitations in Georgia for property damage to a vehicle is four years, meaning the other party could wait until June 2026 before filing suit against you and yet still have every right under the law to recover damages from you. The more serious concern to me is that you did not report the accident to your insurance carrier. Now, because more than six months have passed, your insurer may decline to provide coverage to you because you failed to give the insurer prompt notice of the wreck. I suggest immediately reporting the wreck to your insurer and hoping the insurer does not elect to take such a hardline position (i.e., declining coverage) and, instead, simply pays the other driver for his/her property damage.

Q. Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?

December 30, 2022

A: Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate court (i.e., small claims court), is only permitted to handle cases in which the dispute involves $15,000 or less. If your dispute is greater than that amount, you will need to file suit in state or superior court. The absence of a work permit should not have any impact on whether your case is successful.

Q. What is the proper venue when the at-fault driver moves out of state after the accident?

December 27, 2022

A: The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of the residence of the plaintiff (i.e., the injured person who is filing suit). The decision as to which venue to choose is entirely up to the plaintiff.