Getting into a car accident is dangerous and unpleasant, no matter where it takes place. However, if you are a frequent driver and you travel a lot by car across states, you know each one comes with its own set of rules and procedures. We spoke with attorneys and insurers to give you a clearer picture regarding the steps you need to take in the case of a vehicular accident in the state of Georgia. Moreover, our experts will also answer some of the most frequently asked questions they receive from their clients.
What Should You Do in the Case of a Car Accident in Georgia?
If you are into a car accident in any state across America, you have to take some immediate steps, whether you were at fault or not. According to specialized attorneys, here are your primary concerns after the accident!
1. Get Immediate Medical Attention
If you or the other driver are hurt, you should immediately call 911 to receive medical attention. No matter how minor your injuries seem, you should receive a full medical check-up, especially because vehicular crashes can lead to health complications over time. Besides, any documentation about physical damages or harm might help you build a case for a future personal injury claim.
2. Call the Police
The police report – whether you are hurt or not – represents the first piece of evidence that will establish who is at fault. You will also need it for your insurance agency and your lawyer.
3. Exchange Information with the Other Driver and Gather Evidence
It is difficult to focus on taking pictures or talking to witnesses if you are in pain, but you should try. One of the crucial things to do is exchange information with the other driver and take pictures of the damaged cars from all possible angles. If you can, ask witnesses for their information (names, addresses, phone numbers, etc.). According to the experts we talked to, you mustn’t admit any fault at this point.
4. Contact an Auto Accident Attorney
It would be best to contact Atlanta auto accident attorneys if you had an accident in Georgia. It is vital to get vehicular crash lawyers that know the state and county laws by heart. They can offer you spot-on information on how the justice system works in Georgia, whether or not it is an at-fault state, the statute of limitations on auto accidents in this state, how insurance companies operate in Georgia, etc. Moreover, local attorneys can investigate the accident and help you understand the worth of your case.
Since insurance companies are usually reluctant to give money, a local attorney can help you negotiate with the insurer on your behalf. In case of injuries, they can also help you make a personal injury case.
5. File a Claim with Your Insurance Company
Your attorney will advise you to contact the insurance company right after the accident. While there is no specified amount of time, experts recommend you to report the accident to both the Police and the insurance company in no more than 24 hours after the accident. According to Georgia insurance laws, you should report any car accident that results in damages worth at least $500.
However, when shaken and in pain after a vehicular crash, estimating the amount of damage is challenging. For this reason, you should have an attorney present or representing you when discussing matters with the Police and the insurance company.
Getting a repair estimate for the car damages is yet another crucial step you have to take as soon as possible after the accident.
Auto Accidents in Georgia: Frequently Asked Questions
Now that we learned what you needed to do in case of a car accident in Georgia, it is time to get some more clarifications and answers from experts in the field!
1. Is Georgia a No-Fault State for Vehicular Accidents?
Just like many other American states, Georgia law requires drivers to carry a minimum amount of auto insurance in case of accidents. As you can quickly figure out, Georgia is not a no-fault state. It means that somebody has to determine – through investigations – who is the at-fault party involved in the car accident.
The determination of fault influences widely the legal process that follows the accident. For this reason, attorneys and insurers recommend drivers to refrain from admitting any responsibility at the scene of the accident. Even saying “I am sorry” could stand as an admission of guilt.
In Georgia, like in many other states, once the evidence pointed out the responsible party for the accident, that driver and the insurance company have to pay for vehicular damages or medical bills. In case you want to file a personal injury claim, your lawyer will advise you on the best course of action.
2. Does Georgia Have a Statute of Limitations for Car Accidents?
In Georgia, the law stipulates that there is a two-year statute of limitations on vehicular accidents, commonly applicable to all personal injuries and wrongful death cases related to car, truck, or motorcycle accidents. In case of a personal injury claim, the statute of limitations begins running from the date of the accident.
3. Is It a Felony in Georgia to Leave the Scene of the Accident?
Yes. Like in most states, hitting an occupied vehicle and causing personal injuries or property damage and then running away from the scene translates to a felony offense. Georgia law is not merciful with hit and run accidents. By law, a hit and run in Georgia means to leave the scene of the accident or not to identify yourself correctly to the other driver or the Police. In many cases, you might face prosecution, criminal conviction (with time in prison up to five years), criminal fines, and more.
4. How Does Georgia Law Deal with Partial Driver’s Fault?
Most car accidents are never 100%, only one party’s fault. Georgia is a comparative negligence state when it comes to vehicular accidents. It means that you can still recover even if you were somewhat at fault for the accident as well. Upon investigation, your liability percent will determine the percent of your award in a claim.
For example, if you, as a plaintiff, were 25% liable for your injuries, your award will be 25% lower, to reflect your fault. Having an attorney from Georgia with you is crucial because they will help you understand how comparative negligence affects your chances of getting a reasonable settlement or even winning the case in court.
The trick with comparative negligence in Georgia is that it does not follow a pure regulation, but rather a modified one. In some states with comparative negligence, even if you were 99% at fault for your injuries, you could still get 1% compensations. In Georgia, for this rule to apply, you are eligible for a payment if you are 49% or less responsible for the damages you claim. Hence, our example above with the 25% fault.
5. What if You Claim Pain and Suffering Damages in Georgia after a Car Accident?
If you want to claim pain and suffering damages after a car accident in Georgia, you should know that it is one of those states that do not put a financial cap on pain and suffering. When calculating the costs for pain and suffering, Georgia law uses a mathematical approach – the “multiplier method.” It means that it calculates the fees of your medical bills related to the pain and suffering claim, and then multiply them with a value ranging from 1 to 5 to establish damages.
Bottom Line
Car accidents happen every day all over the country. You may be at fault, at no responsibility at all, or at least partially to blame for what happened. After you called the Police and medical services, you should make sure you have a lawyer by your side, especially in Georgia. While it is an at-fault state, it also operates with modified rules. It imposes its procedures, so getting the proper legal counsel for insurance companies, injury claims, or pain and suffering damages is mandatory.