The moments after a car accident are critical. You may find yourself disorientated, checking yourself and others for injuries and damage to your car without a second thought. In those moments, not many consider how vital the steps you take are in setting the tone for everything that follows.
It’s important to be mindful of your actions after the crash, as certain missteps can hurt your case. In the heat of the moment, admitting fault or speaking to the other party’s insurance company without legal advice might seem like minor decisions, but they could have significant consequences.
That’s why having a clear plan for handling a Georgia car accident and leaning on a car accident attorney’s support is key.
What to Do if You Get in a Car Accident
It’s not always easy knowing exactly how to react after a car accident. If you’ve been involved in a car accident in Georgia, your priority should be ensuring your safety and the safety of others.
Here’s what to do if you get in a car accident:
1. Check for Injuries & Call 911
Immediately assess yourself and any passengers for injuries. If anyone is hurt, call 911 right away for emergency medical assistance. Even if the injuries don’t seem serious, it’s important to get checked by a medical professional. Some conditions may not be apparent immediately or may worsen with time.
2. Move to a Safe Location (If Possible)
If the vehicle is operable and poses a hazard in its current location, Georgia law permits moving it to a safer location nearby. However, if injuries are severe or vehicles are badly damaged, it’s safer to stay put until emergency services arrive.
3. Call the Police
In Georgia, you are required by law to report accidents that result in injury, death, or significant property damage. Even if it seems like a minor fender bender, having a police report can be invaluable when filing an insurance claim or pursuing legal action.
4. Exchange Relevant Information
If possible, collect contact and insurance information from the other drivers involved, including names, phone numbers, license plate numbers, and driver’s license information.
5. Document the Accident Scene
If you’re feeling up to it and it’s safe to do so, take pictures and videos of the accident scene. Document everything—damage to all vehicles involved, skid marks, road conditions, weather, traffic, signs, and any visible injuries.
These photos can serve as valuable evidence when you file an insurance claim or pursue legal action.
6. Notify Your Insurance Company
Once you’ve taken care of the immediate steps, contact your insurance company to report the accident. Keep your statements brief and factual.
If you’re unsure of the full extent of your injuries or damage to your care, it’s okay to say that you’re still gathering information.
Just make sure not to speculate or guess.
7. Understand Georgia’s Car Accident Laws
Georgia follows a modified comparative negligence rule. This means that if you’re involved in a car accident and you share some of the blame, you can still recover damages as long as you are less than 50% at fault. However, your compensation will be reduced based on your level of responsibility.
For example, if you are found to be 20% responsible for the accident, your compensation will be decreased by 20%.
8. When to Contact a Car Accident Lawyer in Georgia
If your accident results in significant injury, or if there are complexities regarding fault, it’s essential to consult a car accident lawyer. Ruppersburg Injury & Accident Attorneys can help you navigate insurance negotiations and, if necessary, litigation to ensure you receive the compensation you deserve.
Common Mistakes to Avoid After a Car Accident in Georgia
Don’t admit fault at the scene. In the heat of the moment, it’s natural to say things like, “I’m sorry,” but these words can be misinterpreted as an admission of guilt. The truth is, it’s not always clear who is at fault right away.
There may be many factors you’re unaware of, like the other driver’s negligence or road conditions that contributed to the accident. Let the police and insurance companies investigate the facts before assigning blame.
After an accident, their adjusters may contact you, trying to get a statement or offering a quick settlement. It can be tempting to talk to them, especially if you’re feeling stressed about mounting medical bills or car repairs.
Unfortunately, they often aim to pay you as little as possible, and they may use your statements against you. Before speaking to any insurance representative, talk to an experienced Georgia car accident attorney who can guide you through the process and protect your rights.
Furthermore, don’t make the mistake of downplaying your injuries or delaying medical treatment. Many people feel shaken up after an accident but assume they’re fine because they don’t have obvious injuries.
However, some injuries don’t present symptoms immediately. It’s crucial to see a doctor as soon as possible, not only for your health but also to document your injuries in case you need to file a claim. If you wait too long, the insurance company might argue that your injuries weren’t related to the accident or that they aren’t as severe as you claim.
Finally, avoid discussing the accident on social media. It’s natural to want to share updates with friends and family, but anything you post on social media can potentially be used against you by insurance companies in court.
Even innocent posts or photos can be misconstrued or taken out of context. It’s best to avoid posting anything about the accident until your case is resolved.
FAQs About Car Accidents in Georgia
+ How long do I have to file a car accident claim in Georgia?
In Georgia, the statute of limitations for filing a car accident claim is two years from the date of the accident for personal injuries. For property damage, the limit extends to four years. It’s crucial to begin the legal process as soon as possible to ensure your claim is filed within these time frames.
+ Will my insurance rates go up if I report an accident?
This is a common concern, but the impact on your insurance rates can vary. Typically, if you are not at fault, your rates may not increase. However, if you are found to be at fault, you could see a rise in your premiums. Each insurance company handles these situations differently, so it’s best to consult your insurance policy or speak directly with your agent.
+ What if the other driver doesn’t have insurance?
Georgia requires all drivers to have auto insurance, but unfortunately, not everyone follows the law. If you’re involved in an accident with an uninsured driver, you can turn to your insurance if you have uninsured motorist coverage. This coverage is an optional addition to your policy that can pay for your injuries and damages if the other driver lacks insurance.
Types of Compensation Available After a Car Accident
Here’s a breakdown of the different types of compensation commonly available after a car accident:
Economic Damages
These are the most straightforward types of compensation, covering the financial losses you have directly incurred because of the accident. They include:
- Medical Expenses: If your injuries have long-term effects, you might be entitled to compensation for future medical care, loss of earning capacity, and future pain and suffering. These require detailed proof and often expert testimony to estimate the expected future losses.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for the wages you would have earned if the accident had not occurred.
- Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Out-of-Pocket Expenses: You may be reimbursed for any additional costs related to the accident, such as travel expenses to and from medical appointments or the cost of hiring help for household chores you’re unable to perform because of your injuries.
Non-Economic Damages
These damages compensate for the non-monetary aspects of your losses, which are more subjective and can vary significantly from case to case:
- Pain and Suffering: This covers the physical pain and emotional distress you’ve endured because of the accident. The amount can depend on the severity of your injuries and the impact on your daily life.
- Emotional Distress: Separate from pain and suffering, this compensation addresses psychological impacts such as anxiety, depression, and loss of enjoyment of life due to the trauma of the accident.
- Loss of Consortium: If the accident impacts your relationship with your spouse, you may receive compensation for loss of companionship and support.
Punitive Damages
While less common, punitive damages may be awarded in cases where the defendant’s behavior was particularly reckless or egregious. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar conduct in the future.
How Our Experienced Car Accident Lawyer Can Help
We understand that every case is more than just numbers and legal terms; it’s about helping people who’ve had their lives turned upside down by an unexpected accident. Let’s discuss how we can help with your car accident case:
1. Investigate the Accident
We know that the details matter. Our team meticulously investigates every aspect of your accident. This includes gathering evidence from the scene, securing surveillance footage, obtaining police reports, and interviewing witnesses.
2. Negotiate With Insurance Companies
Insurance companies are notorious for offering low settlements. They often have their interests in mind, aiming to settle claims quickly and at as little expense for them as possible. At Ruppersburg Injury & Accident Attorneys, we handle all communications with the insurance companies so you can focus on your recovery.
3. Handle Legal Deadlines
Georgia’s statute of limitations for personal injury cases is two years from the date of the accident. We’ll make sure all paperwork is filed correctly and on time so that your case is not jeopardized by missing deadlines.
4. Represent You in Court
Most car accident cases settle before they ever see a courtroom, but if the insurance company isn’t willing to offer a fair settlement, we’re not afraid to stand up for you in court and present your case to a judge and jury. We’ve successfully represented many clients in court, and we’re ready to do the same for you if it comes to that.
Contact our Car Accident Lawyers
If you’ve been injured in a car wreck, your focus should be on healing, not battling with insurance companies or trying to gather evidence. An experienced lawyer can lift that burden by handling the legal complexities for you.
At Ruppersburg Injury & Accident Attorneys, we take the burden off your shoulders by handling all the legal aspects of your case, from gathering evidence to negotiating with insurance companies. We will try to secure the best possible outcome for your case.
Remember, time is not on your side when it comes to car accidents in Georgia. Georgia law places strict deadlines on personal injury claims, so it’s important to act quickly. Whether your injuries are minor or severe, your case deserves attention and thorough preparation.
If you or a loved one has been involved in a car accident in Georgia, contact us at 706.354.1000 for a free consultation.