Do you fully understand the risks you take every time you get behind the wheel and what to do after a car accident?
This is a question we at Weatherby Law often ask ourselves and our clients. After all, our mission as Atlanta car accident lawyers is to keep roads safe for everyone sharing them—and that mission begins and ends with understanding. Before you leave your driveway every day, keep in mind that driving is a calculated risk. You need a vehicle to get you from Point A to Point B, but any number of things can happen in between:
Perhaps you get rear-ended by another driver distracted by their phone?
Or maybe you’re driving through an intersection with unclear signage and another vehicle t-bones yours?
Acknowledging these possibilities is the first step toward staying safe on the road. But if, despite your best efforts and safety measures, you find yourself injured after a car accident, what then? It can be stressful to know what you should do after a car accident in Georgia, but at Weatherby Law Firm, we’re here to help.
In the spirit of understanding, the following guide will outline what to do after a car accident so that you can recover safely, remain financially whole, and uphold legal justice. Car accident claims are often stressful, complex processes, so we will emphasize the importance of hiring a car accident lawyer to protect your health and legal rights.
1. Check for Injuries & Ensure Safety
Health and safety should be your top priority following a car accident.
- Assess the injuries of those involved and call 911—even if no one appears visibly hurt.
- If it’s safe, move vehicles out of traffic’s way to eliminate road hazards and prevent further harm.
- Set up road flares or hazard lights to alert oncoming traffic so that other vehicles can proceed with caution.
Once you’re in a safe location, call 911 for emergency assistance and file a formal accident report. Police documentation is vital for insurance and legal purposes, especially in fault-determination states like Georgia, where it’s a legal requirement to report any accident involving injuries, fatalities, or property damage exceeding $500.
2. Seek Medical Attention
No matter how insignificant your injuries may outwardly appear, prompt medical attention can prevent minor injuries from becoming serious ones. Adrenaline can mask pain, meaning you might be injured without realizing it. Not to mention, early medical treatment will strengthen your legal claim.
Common car accident injuries include:
- Whiplash
- Concussions
- Broken bones
- Bruising
3. Gather Essential Information
Exchange Information with the Other Driver
Collect names, insurance details, vehicle information, and driver’s license numbers from everyone involved. Avoid speculating about fault or injury severity during this exchange of information.
Document Evidence
Support your insurance claim by documenting the accident with photos and videos. While collecting this evidence, be sure to capture:
- Vehicle positions
- Property damages
- Injuries
- Surrounding road conditions
- Traffic signs
Witness Contact Information
If possible, politely collect witness statements and their contact information. Third-person accounts go a long way in supporting the series of events as they actually happened.
4. Notify Your Insurance Company
Even if you’re not at fault, report the incident to your insurance company. Doing so builds good faith with your insurer and initiates the claims process, ensuring compliance with your policy’s requirements.
5. Speak with a Georgia Car Accident Attorney
Car accident lawyers play a vital role in helping car accident victims focus on their recovery by navigating the legal system and obtaining fair settlements to pay for damages. This may be the first car accident you’ve ever experienced, but they see these situations every day and know exactly what to do after a car accident.
Below are some of the ways car accident lawyers advocate for injury victims:
Evidence Gathering
- Collect and analyze police reports, witness accounts, and other pertinent documents.
- Work alongside accident reconstruction specialists to substantiate the dynamics of the crash.
- Gather and safeguard vital evidence, such as video recordings and physical items from the accident scene.
Handling Insurance Communications
- Serve as intermediaries between clients and insurance adjusters.
- Manage all correspondence and negotiations with insurance companies to ensure smooth communication.
- Protect car accident victims from inadvertently making statements that could negatively impact their cases.
- Engage in effective negotiations to secure just settlements. They also advise their clients on the fairness of settlement offers and whether further litigation is needed.
Legal Representation in Court
- Prepare and file the necessary legal documents, including complaints and motions.
- Advocate for clients in court proceedings, mediation, and settlement talks.
- Argue on their behalf to obtain appropriate compensation.
Fault and Liability in Georgia
Fault is a key factor that determines who is financially responsible for damages, including medical bills, vehicle repairs, and other costs, following a car accident. Fault refers to the legal responsibility for causing the collision and is assessed by evaluating which driver acted negligently or violated traffic laws.
Common factors considered when determining fault include:
- Speeding
- Distracted driving
- Running red lights
- Failing to yield the right-of-way
Knowing what to do after a car accident in Georgia is especially important because the state follows a modified “comparative negligence” rule. Under Georgia law, fault can be shared between drivers up to 50%. For example, if you are found 30% at fault, you can still recover 70% of your total damages from the other driver. However, you forfeit the ability to recover any damages if you are 50% or more at fault.
As you can see, establishing fault is crucial, as it impacts the outcome of insurance claims and any potential lawsuits. Having strong evidence that demonstrates the other driver acted negligently will maximize your chances of recovering full compensation for your losses. Car accident lawyers gather evidence like police reports, witness statements, and video footage to establish which driver was at fault and ensure justice is served.
Steps for Filing an Insurance Claim in Georgia
Having the necessary documentation, understanding your policy details, and working with a car accident lawyer are the keys to a successful insurance claim. For a smooth and successful insurance claim process, follow these steps—and don’t be afraid to ask your lawyer for help along the way.
1. Contact your insurance company to report the accident
Provide details like the accident location, date/time, other driver information, photos of the damage, medical records, and any police reports.
Important Note: Do not provide your insurance company with a recorded statement until you’ve spoken with a car accident lawyer. Insurance adjusters are trained to use their own words against you to minimize your payout and maximize their profit.
2. Review your policy coverage and deductibles
Understand what’s covered, your deductible amount, and note all additional benefits like rental car reimbursement.
3. Work with your insurance adjuster
They’ll inspect the damage, gather evidence, and determine the estimated repair cost. After your car accident lawyer has negotiated a fair settlement offer, your insurer will then issue payment, minus your deductible.
4. Get your vehicle repaired
Take your vehicle to a reliable repair shop of your choosing. If the car is totaled, your insurer will cut a check for the vehicle’s value, again minus the deductible.
How a Lawyer Helps With Insurance Negotiations
Dealing with insurance companies can be a daunting challenge in car accident cases, as claim adjusters often prioritize their employers’ profits over your best interests. This is where car accident lawyers can help, playing a vital role in facilitating these interactions to ensure that their clients’ rights are fully protected.
They serve as the main point of contact with insurance companies, promptly informing insurers about the accident and the client’s intent to file a claim. This crucial first step helps prevent clients from making statements that could potentially be used against them later on.
Accident lawyers also take the time to thoroughly evaluate your claim. They review the involved insurance policies and identify all possible sources of compensation, both current and future. Understanding the full scope of injuries is essential before considering any settlement, as insurance companies’ initial offers are often low and fail to reflect the true extent of your damages. Accident lawyers educate their clients about the risk of accepting these early, lowball offers, empowering them to resist the pressure to settle quickly.
As the process evolves, accident lawyers develop a comprehensive negotiation strategy tailored to the strengths of the case and the specific needs of their clients. With experience on their side, they can anticipate and counter common tactics used by insurance companies while helping clients set realistic expectations for settlement amounts. They engage in skillful and persistent negotiations with insurance adjusters, presenting counter-offers backed by collected evidence and legal precedents.
By expertly managing their interactions with insurance companies, accident lawyers work to ensure that their clients receive fair compensation without being taken advantage of during the claims process. Their knowledge and advocacy help level the legal playing field, allowing accident victims to focus on their recovery while their legal representatives fight for the compensation they deserve.
Talk to a Car Accident Lawyer at Weatherby Law Firm Today
Follow the steps outlined in this guide, and your chances of knowing exactly what to do after a car accident will be significantly improved. We hope that this information keeps you and your loved ones safe on the road. We also hope you come away from this with a greater understanding of the vital role car accident lawyers play in helping accident victims. By navigating insurance claims, determining fault for the accident, and obtaining fair compensation for their clients, car accident lawyers help injured victims focus on their recovery without worrying about legal concerns.
Have you been injured in a car accident? At Weatherby Law Firm, we would be honored to speak with you and learn more about the accident that caused your injury. We recognize that every case is unique, with its own set of challenges and nuances, so we fight compassionately to ensure fair settlements that capture the full extent of the damages you’ve suffered. Our team of car accident lawyers has decades of combined experience, having recovered millions for our satisfied clients.
Contact Weatherby Law for a free consultation, and take the next step in recovering from the car accident that caused your injuries.
