Getting into an auto accident can be overwhelming especially if you’re not at fault. You’ll be wondering if you should file with your insurance or the other driver’s, how to document the incident, and what to expect from the claims process. In Georgia where fault laws determine who pays for the damages it’s even more important to make informed decisions.
In this blog you’ll learn the steps to take after an accident (even if you’re not at fault), insurance coverages to consider, common claim mistakes, and how working with an experienced Atlanta car accident attorney can make the process easier and get you more money.
What to Do Immediately After an Accident
Act fast and follow these steps after an accident to protect yourself, your rights, and any future claims.
Be Safe and Check for Injuries
First, be safe. After an accident check yourself and passengers for injuries and call 911 for medical help if needed. Even minor injuries need medical attention and having law enforcement present will ensure an official report is made which is important for any future claims.
Get Evidence and Info
Get evidence at the scene and it will be key to proving your claim. Take clear photos of the vehicle damage, the area, road conditions, and anything else relevant to the accident. Get contact info from witnesses and exchange insurance info with the other driver. Documenting this information early will support your claim and give you a record to go back to. Contact your insurance agent to provide essential information after an accident.
Get the Police Report
Get a copy of the police report as soon as possible. This report will be an official account of the incident and will often include the officer’s observations and any initial findings on fault. A police report is a critical document when dealing with insurance companies so you have a solid foundation for your claim.
Filing an Insurance Claim in Georgia
Georgia is a fault state, so how claims are filed and how compensation is determined after an accident depends on your auto insurance policy.
Georgia’s At-Fault Insurance Laws
Georgia is an at-fault state, meaning the driver who caused the accident is responsible for the damages. In this system, the injured party can file a claim directly with the at-fault driver’s insurance to get compensated for their losses. This system is all about fault so documentation and evidence are key to supporting your claim.
Third-Party Claims (Filing with the Other Driver’s Insurance)
If the other driver is at fault you can file a third-party claim with their insurance to cover medical bills, vehicle repairs, and other accident-related costs. But dealing with the other driver’s insurance company can be challenging with potential delays and disputes over fault. Having the evidence in hand will make this process easier.
First-Party Claims (Filing with Your Insurance)
Or you can file a claim with your own insurance company, a first-party claim. This will get you repairs and medical coverage faster. In no-fault states, personal injury protection (PIP) helps cover medical expenses related to injuries after an accident, especially when dealing with uninsured or underinsured drivers. But you’ll have to pay your deductible upfront and it could impact your future premiums. Once your insurance company handles your claim they can go after the at-fault driver’s insurance company for reimbursement through subrogation.
Insurance Coverages to Consider in Georgia
When you file a claim knowing which coverages apply will make the process easier and get you more compensation.
Liability Coverage
In Georgia, liability coverage is mandatory and covers if you are found to be at fault in an accident. This includes damages to the other driver’s vehicle, medical bills, and other related losses. Georgia requires minimum liability limits of $25,000 per person, $50,000 per accident, and $25,000 for property damage. Knowing your liability coverage will ensure you meet state requirements and won’t have to pay out of pocket if you are liable.
Collision Coverage
Collision coverage is optional but valuable, it covers repairs to your vehicle regardless of who is at fault. If the other driver’s insurance delays or disputes the claim, using collision coverage will get your repairs moving faster. While this coverage requires an upfront deductible your insurer will recover those costs through subrogation if the other driver is found to be at fault.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
UM/UIM coverage protects you if the at-fault driver doesn’t have insurance or does not have enough coverage. Although not required in Georgia it is highly recommended as it kicks in when the at-fault driver’s insurance can’t cover your losses. This coverage applies to both bodily injury and property damage and is a safety net in cases where the at-fault driver has no insurance or not enough.
Mistakes to Avoid When Filing a Claim if Not at Fault
Don’t make these common mistakes and get fair compensation.
Accepting the First Offer
Insurance companies will often give you a low initial offer to pay out as little as possible. Accepting the first offer from the driver’s insurance company without reviewing it can leave you with not enough to cover medical bills, property damage, and other losses. Consult with a professional or negotiate to make sure the offer matches your total damages.
Inadequate Documentation of Damages
Not documenting your injuries, property damage, and other expenses will weaken your claim. Essential documents are medical records, repair estimates, and receipts for any accident-related expenses. Documentation supports your claim and gives a clear picture of your losses making it harder for the insurance company to dispute or reduce the payout.
Misunderstanding Georgia’s Comparative Fault Law
Georgia has a modified comparative fault law, if you’re found to be partially at fault your compensation will be reduced by your percentage of fault as long as it’s less than 50%. Misunderstanding this will get you to accept too much blame or a lower settlement than you deserve. Clarifying fault and understanding this rule is key to getting fair compensation.
Waiting Too Long to File the Claim
Waiting too long to report the accident or file a claim will complicate your case. Insurance policies have time limits to report and delaying will make the insurance company question the claim. Filing the claim as soon as possible will keep you credible and in compliance with policy requirements.
Why You Should Consider a Car Accident Lawyer
An experienced car accident lawyer will make the claims process easier and get you a fairer settlement.
Insurance Rules and Paperwork
Insurance claims are complicated and paperwork heavy especially in fault states like Georgia. A lawyer familiar with Georgia insurance laws will walk you through each step to make sure you don’t make procedural mistakes that can delay or reduce your compensation.
Dealing with Insurance Companies
Insurance companies want to settle fast and will ask for recorded statements that can be used against you. A lawyer will handle all communication on your behalf so you don’t make unintentional statements that can weaken your claim, especially when dealing with the other person’s insurance company. This way you can focus on recovery while protecting your interests.
Building Your Case with Evidence
An accident lawyer has the knowledge and resources to get the important evidence, medical records, accident scene photos and witness statements. They may also work with experts to strengthen your case. This comprehensive approach to evidence gathering is key to supporting your claim and getting the insurance company to consider all of your damages.
Maximize Compensation
A lawyer who knows how to negotiate will get you a higher settlement, for immediate expenses and future costs like ongoing medical care. Third-party insurance claims play a crucial role in maximizing compensation by covering damages and injuries resulting from car accidents. If the insurance company doesn’t offer a fair settlement your lawyer will prepare your case for court. This will often get the insurance company to settle more in your favor.
Seek Guidance From an Experienced Atlanta Car Accident Lawyer ASAP!
If you’ve been involved in an accident and need guidance through the claims process, don’t hesitate to reach out to our team at Atlanta Metro Law. We’re here to guide you through every step, protect your rights, and work tirelessly to secure the compensation you deserve.
Contact us at 864-894-2045 for a free claim review!
