Essential Steps to Take Immediately After a Car Accident in Georgia
Many of us have endured a car accident; whether it is on the fault of others or ourselves. From the moment of impact, we know the phone calls should be made and the proper paperwork should be filed. In order to get these items complete, here are some helpful tips to follow immediately after a car accident.
- Stop your car immediately
No matter how small the accident may be, never leave the scene of an accident. If you fail to do this you may subject yourself to criminal prosecution, even if you weren’t at fault. As soon as you stop your vehicle, it is important to warn oncoming traffic in order to prevent further accidents. At night, use flares, reflectors or a flashlight to alert others. - Assist the injured
Immediately call an ambulance or doctor if someone has been injured. Be as accurate as possible with the operator in describing your location so there is no delay. It is important to have the name and number of the road and the direction in which the accident happened. Normally, you should not move the injured person unless you have a professional medical background. If there is bleeding, apply pressure or a tourniquet. - Identify the driver
Obtain the other driver’s name, address and license number of the vehicle. Also ask to see a driver’s license. If possible, obtain the name of the insurance companies and the policy numbers covering the other car(s) in the accident. - Witnesses
Obtain the name, address and phone numbers of those individuals who were all eyewitnesses. This can be extremely crucial in the case of a lawsuit or wrongful death accident. - Take notes — Fill out accident form and diagram
Make your own written notes and do not be afraid to take pictures. Fill out an accident information form (it is a good idea to keep this in your glove compartment at all times). - Reports
Georgia law no longer requires a person involved in an accident to make a written report to the Georgia Department of Public Safety. You should immediately call your insurance representative and send written notice as soon as possible. The notice should contain sufficient information concerning the time, place and circumstances of the accident, as well as the names of any persons who were injured or witnessed the accident. Failure to notify your insurance company in writing within a reasonable time may constitute grounds for the insurance company to avoid all coverage for your accident. Therefore, it is essential to report an accident immediately.
For a free legal consultation, call 404-214-2001
Protect Yourself When Dealing with Insurance Adjusters
After a car accident, it’s critical to take the right steps not only for your safety but also to protect your financial and legal interests. Georgia is a “fault insurance” state, meaning you must work with the at-fault driver’s insurance company to recover compensation for your injuries and property damage. The insurer will assign a claims adjuster to handle your case — but remember, that adjuster works for the insurance company, not for you.
Before signing any paperwork or agreeing to a settlement, review the tips below carefully. Insurance adjusters are skilled at minimizing payouts, so your responses and actions matter. Following these guidelines can help you avoid costly mistakes and preserve your right to full compensation.
- Don’t minimize your injuries. Often times when a person is involved in a car accident they tend to downplay their injuries. They pretend that they are okay and minimize the amount of pain that they are truly feeling after the accident. The injuries sustained in an accident can become worse 24-48 hours after the initial impact and we suggest that you not downplay your injuries to the adjuster in case your injuries become worse.
- No! You cannot record this conversation. The adjuster assumes that they can press record and have your conversation stored indefinitely. Unfortunately, these types of recorded conversations can be used against you and limit the compensation that you are offered. When the adjuster asks to record the conversation, we suggest that you politely decline before saying another word.
- Be Factual. While you may feel emotional and want to express your feelings regarding the accident, it is important to keep these to yourself. When discussing the incident, just stick to the facts – time, location and date of the accident.
- Keep pre-existing injuries to yourself. If you discuss pre-existing injuries, it could hurt your chances of receiving fair compensation.
- Don’t answer any questions that you don’t know the answer (this speaks for itself).
- Tell the truth. Don’t exaggerate when speaking to an adjuster as they deal with individuals who embellish stories every day. Stick to the facts and tell the truth.
Handling Rear-End Accidents
Rear-end collisions can range from minor fender benders where drivers inspect the damage and leave the scene, to serious crashes requiring police reports because a vehicle is totaled. These accidents happen almost daily — accounting for about 28% of all crashes — and they can cause lasting physical and financial effects.
When dealing with a rear-end collision, two major points matter:
- Check for injuries first – Almost more importantly than assessing vehicle damage, determine whether anyone suffered bodily injuries. The most common injury from a rear-end crash is whiplash, which occurs when the head and neck are suddenly jerked and stretched by the force of impact. Even if symptoms are mild at first, it’s important to seek medical attention promptly, as whiplash and other soft-tissue injuries can worsen over time.
Determining fault – While fault isn’t always immediately clear, the general rule in Georgia is that the tailing driver is responsible. Under O.C.G.A. § 40-6-49, drivers must maintain a safe following distance. If the lead vehicle stops and the following driver cannot avoid a collision, the following driver is typically found at fault. In most cases, visible damage — the front end of one car and the rear end of another — makes liability straightforward for insurance purposes.
Understanding Georgia’s Two-Year Deadline for Personal Injury Lawsuits
A time limit, or “statute of limitations,” applies to all injury-related personal injury cases filed in Georgia’s civil court system. In Georgia, you have two years to file a lawsuit in court. The “clock” on this deadline usually starts running on the date of your accident or whatever led to your injury. It is critical in understanding the Georgia statute of limitations because if you refrain from filing within the two-year window, the court will most likely refuse to hear your case.
At Kaine Law, we want to help when an accident strikes. In order for us to obtain the best possible outcome, we ask you to contact us immediately when this event occurs. Our highly educated and trained auto accident lawyers are here in Atlanta to fight for your rights when dealing with unforeseen events such as a car accident.
For more information, contact the attorneys at Kaine Law.
Call or text 404-214-2001 or complete a Free Case Evaluation form
