Understanding & Protecting Your Rights & Interests After a Car Accident in Georgia
Car accidents are an unfortunate reality on Georgia roads, and knowing how to protect your interests in the aftermath of a car wreck is crucial. The value of your case can either be maximized or minimized depending on what you do in the minutes and days immediately after the accident. In this guide, we'll explore the steps you should take immediately after an accident, how to handle insurance companies, the importance of medical treatment, and the importance of seeking legal advice.
Immediate steps to take after the wreck
Ensure Safety of All Involved Parties
Ensure Safety of All Involved Parties
Ensure Safety of All Involved Parties
Move to a safe location, if possible, away from traffic. Check yourself and passengers for injuries.
Call 911
Ensure Safety of All Involved Parties
Ensure Safety of All Involved Parties
Report the accident and request an ambulance if needed. Remain at the scene until the police have arrived and completed their investigation and advise the other driver that you do not consent to them leaving the scene if they attempt to do so prior to the arrival of the police.
Survey the Scene for Cameras
Ensure Safety of All Involved Parties
Survey the Scene for Cameras
Look for buildings or traffic lights that have cameras that may have captured the wreck.
Document the Scene
Exchange Information
Survey the Scene for Cameras
Take photos of the accident scene, vehicle damage for all vehicles involved in the wreck, and any visible bodily injuries.
Exchange Information
Exchange Information
Exchange Information
Get contact and insurance details from the other driver(s). Do this even if the police are coming because it is not uncommon for them to write down inaccurate information. Ensure that you get a picture of the other driver’s license, license plate, and insurance card.
Look for Witnesses
Exchange Information
Exchange Information
Check to see if there is anyone at the scene who witnessed the accident and be sure to get their contact information and ask them to provide a statement to the police.
Seeking an initial medical examination
After a car accident, it is always a good idea to seek medical care and a full evaluation as soon as possible, even if you think your injuries are minor. Many injuries can take several days to fully manifest, so early intervention is key to a quick recovery.
We understand that wait times at the emergency room can be hours long and if your injuries don’t seem serious to you at the time, those long wait times may seem pointless. In those instances, we recommend at least going to your nearest urgent care for a quick evaluation. This not only ensures early medical intervention to potentially prevent complications with your injuries down the road, but it also provides immediate documentation of your physical condition and signals to the insurance company that your claim is to be taken seriously.
If you received an evaluation at the emergency room or urgent care, it is crucial that you quickly schedule a follow up appointment with a specialist for a more in-depth evaluation of your injuries. This is important because it continues to establish a solid timeline of medical care, it ensures that all of your injuries are being addressed, and it prevents the dreaded gaps in medical treatment that can easily sink your case.
Obtaining the Police Report
Accident Report Number
Accident Report Number
Accident Report Number
The responding police officer should provide you with a report number that you can use to access a copy of the police report. Be sure that you have it before the officer leaves the scene of the wreck.
Search for Report
Accident Report Number
Accident Report Number
The accident report should be available within a few days of the car wreck. You can either contact the agency of the officer who issued the report number or search for the report online using the website provided by the police officer.
Ensure Accuracy
Accident Report Number
Ensure Accuracy
Be sure to carefully review the police report to ensure that all of the information it contains is accurate. Specifically, you will want to ensure that the correct driver is listed, all passengers are listed, the date, time, and location of the wreck are correct, and that the description of how the wreck occurred is accurate. If any information listed in the report is incorrect, contact the officer who issued the report and request an amendment.
Filing Claims & Dealing with Insurance Companies
If you have been involved in a car wreck, you may be anxious to hurry up and contact the insurance company to report the accident. However, it is important to understand that insurance companies often aim to minimize their financial exposure in any given claim, so it is crucial that you are careful about what you say when speaking with one of their representatives.
We highly recommend hiring an attorney before ever speaking with the insurance company. However, if you absolutely must contact the insurance company before hiring an attorney, remember the following:
Provide Only the Details Necessary to File a Claim
Provide Only the Details Necessary to File a Claim
Provide Only the Details Necessary to File a Claim
Insurance companies don’t need every single available detail about the wreck in order to open a claim. Therefore, be sure to stick to details regarding the date, time, location of the wreck, parties involved, vehicle information, and a very basic description of how the wreck occurred. Do not discuss your injuries or medical care with the insurance company before you hire an attorney.
Do Not Allow the Statement to be Recorded
Provide Only the Details Necessary to File a Claim
Provide Only the Details Necessary to File a Claim
In the event that you say something that is potentially harmful to your case, you don’t want the insurance company to have it on the record.
Do Not Admit Fault or Speculate
Do Not Accept a Settlement Offer
Do Not Accept a Settlement Offer
When asked to describe how the wreck occurred, avoid speculating about what the other driver was or wasn’t doing, and definitely do not admit if you were at fault for the wreck.
Do Not Accept a Settlement Offer
Do Not Accept a Settlement Offer
Do Not Accept a Settlement Offer
If the insurance company offers you a settlement early on in your case, chances are they just want to close out the claim before you have a chance to present evidence that supports a much larger financial settlement. They also know that once you accept their offer, the agreement is final and your claim cannot be re-opened in order to try to negotiate a better deal later on.
Role of an Injury Lawyer
Investigate the Accident: A good personal injury attorney has knowledge of investigative tools that the average person isn’t aware of, and those tools can help significantly strengthen the value of your car accident case. An attorney can also review your police report to look for any red flags that need to be addressed and help you get the report amended if there are any errors in it that may affect the case.
File Your Insurance Claim: A personal injury attorney will contact the insurance companies and file the claims on your behalf so that you don’t’ have to worry about making any mistakes or saying anything that could harm your case.
Request Insurance Policy Information: An accident attorney will request and obtain copies of all applicable insurance policies in order to determine the amount of insurance coverage that is available to compensate you for your injuries.
Contact Witnesses: Your injury attorney will contact any witnesses to your car accident and appropriately interview them.
Help Find a Doctor: In the event that you do not have health insurance or adequate funds to cover the cost of medical care, your attorney can help find a doctor who is willing to treat your injuries and defer payment until after you settle your claim.
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The Barionnette & Eisenhower Law Firm, LLC
2310 Parklake Drive, Suite 460 - Atlanta, GA 30345
P: 404-225-1501 — F: 678-305-0908