Car Wrecks | Bourne Law Firm

Immediate Steps After the Accident

After an accident, prioritize safety and follow Georgia’s requirements. Immediately after a collision, focus on safety and get help. Check yourself and others for injuries and move out of traffic if it’s safe to do so. Call 911 right away to request medical assistance for anyone hurt and to have law enforcement come to the scene. Georgia law requires drivers to notify police for any accident involving injury, death, or significant property damage, so even for minor crashes it’s wise to get an official report. While waiting for help, use hazard lights or cones (if available) to alert other drivers and prevent further incidents.

Once immediate safety is addressed, document and exchange information with those involved. Below are key steps to take at the scene:

Ensure Safety and Health: Check all occupants for injuries and render aid if you can. Do not move seriously injured persons unless they are in immediate danger. Call an ambulance via 911 for anyone who needs medical attention. If possible, move vehicles to a safe area off the road to prevent secondary accidents, but only if the situation allows.
Report the Accident to Police: Stay at the scene until law enforcement arrives. Inform the responding officers of the facts of what happened, but avoid admitting fault or speculating. Georgia law mandates calling the police for accidents with injuries or significant damage, so make sure an official police report is filed. Cooperate with the officers; get their names and badge numbers, and ask how to obtain a copy of the accident report for your records.
Exchange Information: Obtain the contact and insurance details of the other driver(s) involved. Provide your information as well. Write down or photograph their name, phone number, address, driver’s license number, license plate, and insurance company and policy number. In Georgia, drivers are legally required to exchange identification and insurance information after an accident.
Gather Evidence at the Scene: If you are not severely injured, document the accident scene before vehicles are moved. Take photos of vehicle damage, skid marks, debris, and the overall scene from multiple angles. Note the time, weather, and road conditions. Speak with witnesses and get their names and contact information, as their statements may be valuable later. When police are present, note the report number and later obtain a copy of the police report – it will serve as important evidence for insurance claims.

By promptly taking these steps, you fulfill Georgia’s legal requirements and collect information that will be critical for insurance and potential legal claims. Remember to stay calm and courteous throughout the process. Do not apologize or say “it was my fault” at the scene – even polite remarks can be misinterpreted as admitting liability.

Medical Considerations

Always seek medical evaluation after an accident, even if you feel okay. After the accident, prioritize your health. Even if you feel only minor pain or no immediate injury, it’s essential to get a medical examination as soon as possible. Car crashes can release adrenaline that masks pain and some injuries may not show symptoms right away. Getting a prompt medical check-up ensures that any injuries (even hidden ones) are diagnosed and treated. It also creates an official record of your injuries, which will be important for insurance claims and any legal action.

Follow these medical guidelines:

Seek Medical Attention Immediately: If paramedics arrive, let them evaluate you. If not taken to the ER from the scene, consider visiting a hospital or doctor the same day. Don’t simply “tough it out” – delayed treatment can worsen injuries and complicate your claim. Georgia attorneys advise that even if you feel fine, get checked, as underlying injuries might not show symptoms for hours or days.
Document All Injuries and Treatment: Describe any pain or symptoms to the doctor in detail. Ensure all injuries are noted in medical records. Follow the prescribed treatment plan and attend all follow-up appointments. Keep copies of medical records, discharge papers, and bills, as you will need these for your insurance claim. Maintaining a pain journal or daily log of symptoms can also help illustrate the impact of your injuries over time.

Common Injuries and Symptoms: Car accidents can cause a wide range of injuries. Be on the lookout for these common injury types and their symptoms:

Whiplash (Neck/Soft Tissue Injuries): Whiplash is very common in rear-end collisions. It’s a neck strain from the head snapping back-and-forth. Symptoms often do not appear immediately but can include neck pain and stiffness, shoulder pain, headaches, dizziness, blurred vision, or numbness in the arms. These might develop in the hours or days after the crash. If you notice any of these, seek medical care promptly for proper diagnosis (whiplash injuries often require X-rays or MRIs to rule out more serious damage).
Concussion or Traumatic Brain Injury: A concussion is a mild traumatic brain injury usually caused by a blow or jolt to the head (even without direct head impact). Symptoms may be subtle or delayed, so watch for signs such as headaches, confusion, memory loss about the accident, nausea, dizziness, ringing in the ears, sensitivity to light, or excessive fatigue. In more severe cases, a person might have vomiting, slurred speech, or difficulty waking up. Any head injury is serious – if you suspect a concussion, see a doctor. Untreated concussions can have long-term effects.
Internal Injuries: Blunt-force trauma from a car crash can cause internal bleeding or organ damage. These injuries might not be visible externally and symptoms can be generalized. Warning signs include abdominal pain or swelling, deep bruising, dizziness or fainting (signs of internal blood loss), weakness, or symptoms of shock (such as pale, clammy skin and rapid heartbeat). Because internal injuries can be life-threatening if untreated, it’s crucial to have a medical evaluation to detect them. Doctors may use ultrasounds or CT scans to check for internal bleeding if you have risk factors like seatbelt marks, rib fractures, or abdominal tenderness.

Getting timely treatment protects your health and creates documentation. Save all medical bills, pharmacy receipts, and records of time missed from work due to the injuries. These will be essential when you file an insurance claim or lawsuit to recover your costs.

Car Accident Injury Claims in Georgia

All Georgia drivers are required to carry liability insurance to cover injuries and damage they cause; the minimum required coverage is set for bodily injury and property damage. The minimum amount of coverage for injuries is $25,000. After a crash with injuries, you will typically file a claim against the at-fault driver’s insurance to seek compensation for your medical bills, lost wages, and other losses.

Potential Compensation (Damages)

If the other driver was at fault, you are entitled to seek financial compensation for all losses resulting from the accident. In Georgia, these losses (known as “damages”) typically include:

Medical Expenses: All reasonable and necessary medical costs related to the accident. This covers ambulance rides, emergency room bills, hospital stays, surgeries, doctor visits, physical therapy, medication, medical devices, and future medical treatment you may need for your injuries. Keep receipts for out-of-pocket costs like prescriptions, as those count too.
Lost Wages and Income: If your injuries caused you to miss work, you can claim compensation for your lost earnings. This includes not only wages/salary for the time you couldn’t work during recovery, but also future lost earning capacity if you cannot return to your former job or work full-time because of lasting injuries. You may need a letter from your employer or pay stubs to document the time and income lost. Self-employed individuals can use prior tax returns or client invoices to show income loss.
Pain and Suffering: These are non-economic damages for the physical pain, discomfort, and emotional distress you’ve endured due to the accident and your injuries. There is no fixed formula for pain and suffering in Georgia; factors include the severity of injury, the amount of pain, length of recovery, and any long-term effects or scarring. Mental anguish, anxiety, PTSD from the crash, and loss of enjoyment of life (if you can’t engage in activities you once did) are also part of this category. While harder to quantify, these damages can be significant, especially for serious injuries. It often helps to have documentation like personal journals, testimony from friends/family, or expert opinions to substantiate these claims.
Property Damage: Though the question focuses on bodily injury, note that you can also recover the cost to repair or replace your vehicle and any other personal property damaged in the crash (car seats, glasses, etc.). In many cases, property damage is handled in a separate claim (sometimes quicker) from bodily injury. Georgia allows recovery of a rental car expense and the diminished value of your car as well, if applicable.
Other Possible Damages: In some cases, you might claim out-of-pocket expenses (like hiring help for chores you couldn’t do while injured, travel costs for medical appointments) or, if you suffered a permanent disability, costs for future care or home modifications. Family members of an injured person might have a loss of consortium claim if the accident severely impacted marital relations. Moreover, if the at-fault driver’s actions were egregious (e.g., drunk driving), Georgia law allows punitive damages in certain cases to punish and deter such behavior – but those are special and capped at a certain limit in most cases (except DUI, where there’s no cap). Discuss with a lawyer if you believe punitive damages might apply.

Making an Insurance Claim Against the Other Driver

Notify Insurance and File a Claim: As soon as reasonably possible after the accident, inform your own insurance company that the collision occurred. Most policies require prompt reporting, even if you were not at fault. Provide the basic facts of the accident (when and where it happened, who was involved). You can then file a claim with the at-fault driver’s insurer (this is called a third-party claim) or work with your insurer to pursue the claim against the other party. When filing the claim, be ready to share documentation: the police report, photos of damage, the other driver’s insurance info, and a list of your injuries and medical treatment. Keep a file with all correspondence and claim reference numbers. Georgia’s fault system allows you to seek full compensation from the at-fault driver’s policy up to its limits.

Understand Georgia’s At-Fault System: Because Georgia uses a fault-based system, the insurance of the driver deemed responsible will pay for the victims’ damages. There is no “no-fault” personal injury protection in Georgia, so fault matters for whose insurance pays. If there is any dispute about who caused the crash, the insurance companies will investigate (reviewing the police report, vehicle damage, witness statements, etc.). It’s possible for more than one driver to share fault; in such cases, Georgia’s comparative negligence rules apply, and insurers may negotiate payments according to each party’s degree of fault.

Dealing with Insurance Adjusters: After you file a claim, an insurance adjuster will be assigned to evaluate your case. This person’s job is to investigate the accident and determine the insurance company’s liability. Be cautious in your communications with adjusters. They may contact you for a statement about what happened – it’s okay to give basic facts (time, location, vehicles involved) but do not volunteer extra details, admit fault, or speculate about the cause. If an adjuster asks about your injuries, you can say you are still undergoing evaluation or treatment; avoid downplaying your pain or saying “I’m okay,” since some injuries manifest later. Everything you tell an adjuster can potentially be used to minimize or deny your claim. You are not required to give a recorded statement to the other driver’s insurance without consulting your own insurer or an attorney. In short, stick to the facts and let them get additional information from the police report and documentation you provide.

Insurance Settlement Offers: After reviewing the claim, the insurance company may make a settlement offer to resolve your damages. Be careful with quick settlement offers. It’s common for an insurer to initially offer a low amount, hoping to close the claim quickly and cheaply. Don’t feel pressured to accept the first offer if it doesn’t fully cover your medical bills, car repairs, and other losses. Once you accept a settlement and sign a release, you generally cannot seek more money later if you discover additional injuries or costs. Make sure you have a clear understanding of the extent of your injuries (finish major treatments or know the prognosis) before settling. If the offer seems insufficient, you have the right to negotiate.

Uninsured or Underinsured Drivers:

Unfortunately, some accidents involve an at-fault driver who has no insurance or too little insurance to cover the damage. Georgia law requires all drivers to carry insurance, yet a significant percentage of Georgia drivers are uninsured. If you’re hit by an uninsured driver, you still have a few options:

Uninsured Motorist (UM) Coverage: Check your own auto policy for “Uninsured/Underinsured Motorist” coverage. In Georgia, insurance companies must offer UM coverage and you have it unless you explicitly rejected it in writing. UM coverage steps into the shoes of the at-fault driver’s liability insurance when that driver has none or not enough. If you have UM, file a claim with your own insurer under that coverage. It can pay for your medical bills, lost wages, and pain and suffering up to the limits of your UM policy. Using UM should not raise your premiums when the accident wasn’t your fault.

Underinsured Motorist: If the at-fault driver has insurance but, for example, only the minimum policy and your damages exceed that, your Underinsured Motorist coverage can pay the shortfall (up to your UM limits). Georgia allows two types of UM coverage: “reduced” (which only pays if the at-fault’s coverage is less than your damages, up to the difference) and “add-on” (which adds on top of the at-fault’s limits). Check which type you have.

Statute of Limitations in Georgia Car Accidents

A statute of limitations is a legal deadline to file a lawsuit. In Georgia, the time limit for filing a personal injury lawsuit from a car accident is typically 2 years from the date of the accident. This two-year deadline covers claims for bodily injury, such as medical expenses, pain and suffering, or lost wages due to injuries. If you miss this window, you will likely lose your right to take legal action for those injuries. (There is a separate 4-year statute of limitations for claims solely for property damage to your vehicle, but most injury cases will include property damage as well.) Note that certain circumstances can affect these limits – for example, if the claim is against a government entity, you may have to give notice much sooner (often within 6 to 12 months) under special rules. Also, for a minor (under 18) injured in a crash, the 2-year clock might not start until their 18th birthday. However, do not delay taking action: it’s best to consult a lawyer or move forward with a claim well before the deadline. Evidence can disappear with time, and waiting too long can weaken your case. Mark the two-year anniversary of your accident on your calendar and treat it as the absolute last day to file a lawsuit – and ideally, you should resolve the claim or file suit well before that.

When to Consider Hiring a Personal Injury Lawyer:

Not every accident requires an attorney, but you should consider consulting a lawyer in situations such as: signifigant injuries (especially those requiring emergency room visits or long-term treatment), disputed liability (the other driver’s insurer is blaming you or the facts are complex), or if you feel the insurance company’s settlement offer is unfair. An experienced personal injury lawyer can greatly assist in protecting your rights. They can investigate the crash, gather evidence (traffic camera footage, expert analysis), and handle communications with the insurer so you don’t accidentally say something that hurts your case. Importantly, a lawyer can advocate for full compensation, including future costs that insurers might overlook. Many Georgia car accident lawyers offer free consultations and work on a contingency fee (no upfront cost, they only get paid if you win a settlement or verdict). If you’re unsure whether you need one, you have the right to at least talk to a lawyer before speaking at length with insurance. Complex cases (multi-vehicle crashes, commercial vehicle accidents, drunk driver cases, etc.) or those with serious injuries (like brain trauma or permanent disability) often warrant legal representation. Ultimately, a good attorney will help level the playing field – insurance companies have professionals working for them, so having your own expert can make the process more balanced. Even in a seemingly clear-cut case, if you feel overwhelmed or are getting pushback from the insurer, seeking legal advice is essential.