Experiencing a car accident can be a traumatic and overwhelming event, especially when you were in a car accident that’s not your fault. The immediate aftermath can be chaotic, filled with confusion, stress, and a flood of emotions. Knowing exactly what steps to take can make a significant difference in the outcome of your situation, including working with an experienced Atlanta car accident attorney.
This blog will guide you on what to do after a car accident that’s not your fault, making sure that you take the best course of action.
What to Do Immediately After a Car Accident That’s Not Your Fault
Ensure Safety
First be safe. If you can move your vehicle to a safe location off the road. Turn on your hazard lights and use any warning devices you have like flares or cones to mark the scene.
Additionally, preserving the accident scene for evidence is crucial. Take pictures from all directions and distances, document traffic signs and road conditions, and gather information at the accident location.
Check for Injuries and Seek Medical Treatment
Check yourself and others for injuries. If anyone is injured call 911 for medical help. Even if injuries seem minor get a professional evaluation.
Call the Police
Report the accident to the police even if it’s minor. Give them as much detail as possible about what happened. Make sure you get a copy of the police report which will be important for your insurance claim and any future legal action.
Get Evidence
Document the scene. Take photos of the vehicles, any visible injuries and the area. Take photographs and videos of all vehicles involved in the accident for future reference, including any damages. Get information from the other driver(s) including names, addresses, phone numbers, driver’s license numbers and insurance info. Get contact info from any witnesses.
Get Police Reports
Get copies of the police report and any medical records related to the accident. These will support your insurance claim and if legal action becomes necessary.
Legal Obligations
Understanding Your Rights
If you are involved in a car accident that’s not your fault in Georgia, you have the right to seek damages. Georgia is an at-fault state meaning the driver who caused the accident is responsible for the damages. This can include medical bills, vehicle repairs and lost wages. You must prove the other driver was negligent to get compensation.
Hiring a Car Accident Attorney
Having a car accident lawyer can make a big difference in your case. A good attorney will know the ins and outs of Georgia personal injury law and get you fair compensation. They will handle communication with insurance companies, get the evidence you need and represent you in court if necessary. Legal representation is especially important if the at-fault driver’s insurance company denies your claim or offers you a low settlement.
Statute of Limitations in Georgia
Georgia has a statute of limitations on car accident claims. You have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline you may lose your right to sue. Act fast and get a lawyer as soon as possible to make sure you meet all legal deadlines.
Third Party Claims
After the accident, you will need to file a claim with the at-fault driver’s insurance. Contacting the at-fault driver’s insurer and filing claims against their liability insurance coverage is crucial. They will investigate the accident and may deny your claim. It’s best to have your lawyer handle these communications so you don’t say anything that can harm your case. Your lawyer can negotiate on your behalf to get a fair settlement.
Comparative Negligence in Georgia
Georgia is a comparative negligence state which means if you are partially at fault for the accident your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% at fault your compensation will be reduced by 20%. Understanding this rule is important when negotiating settlements or presenting your case in court.
Insurance Companies
Driver’s insurance company representatives want to pay out as little as possible, even with a car accident that’s not your fault. Be careful with them. When dealing with the other driver’s insurance company, consider seeking compensation and interacting with the company’s representatives carefully. Don’t admit fault or give recorded statements without consulting your lawyer. Your attorney can make sure any settlement offers are fair and cover all your expenses including future medical bills and lost wages.
Additional Compensation
In some cases, the at-fault driver’s insurance may not cover all your damages especially if you have serious injuries. In those cases, your lawyer can look into other sources of compensation such as suing the at-fault driver personally or filing claims against other liable parties such as the vehicle manufacturer if the failure was mechanical.
How to File a Claim
Notify Your Insurance
Tell your insurance company about the accident as soon as possible. Give them all the details including the police report, the other driver’s contact info and any evidence you have from the scene. Even with a car accident that’s not your fault, your insurance company needs to know.
File a Third Party Claim with the At-Fault Driver’s Insurance
File a car accident claim with the at-fault driver’s insurance company. Submit all required documents including the police report, medical records and repair estimates. Be prepared to give a clear and concise account of the accident.
Communication
When dealing with the at-fault driver’s insurance company be careful. Don’t admit fault or make statements that can be used against you. Stick to the facts and don’t give recorded statements without consulting your lawyer. If you’re unsure about anything direct the insurance company to talk to your attorney.
Settlement Offers
Insurance companies want to pay out as little as possible, even for a car accident that’s not your fault. If you get a settlement offer, review it carefully to ensure it covers all your damages, including medical expenses. It’s best to have your lawyer look at the offer to make sure it covers all your damages including medical bills, lost wages, and future costs. Ensure the settlement also covers all medical treatment costs. Don’t take the first offer; negotiate if you need to get a fair settlement.
Denials
If your claim is denied or you get a low offer don’t panic. Talk to your lawyer to see your options. Your lawyer can negotiate with the insurance company or if needed file a lawsuit to make sure you get the compensation you’re entitled to for a car accident that’s not your fault.
Document Everything
Keep a record of all communications with the insurance companies. This includes emails, letters and notes from phone calls. Documentation will be important if disputes arise or if you need to escalate the claim.
How Can a Car Accident Lawyer Help You With a Car Accident That’s Not Your Fault?
Evidence
A lawyer can help gather and preserve the evidence for your case, including documentation of car accident injuries. It is crucial to document your injuries and the details of the car crash for insurance claims and legal purposes. This includes getting police reports, medical records, witness statements and any other documentation that proves the other driver was at fault and the extent of your damages.
Negotiation with Insurance Companies
Insurance companies want to pay out as little as possible. A lawyer can handle all communication with the insurance company for you and make sure your rights are protected. They are skilled negotiators who can get you a fair settlement that covers all your medical bills, lost wages and other damages.
Court Representation
If a settlement can’t be reached your lawyer can represent you in court. They will present your case to the judge and jury, using their knowledge of the law and the evidence they’ve collected to get you the compensation you deserve for your car accident that’s not your fault. Their courtroom experience is key to getting a good verdict.
Total Compensation
A lawyer can help you identify all sources of compensation including insurance policies, the at-fault driver’s personal assets and potential third party claims. They will get you compensation for the car accident that’s not your fault for both economic and non-economic damages including pain and suffering.
Ease Stress
The aftermath of a car accident that’s not your fault can be a lot to deal with. A lawyer takes care of the legal stuff so you can focus on getting better. They handle the paperwork, negotiations and legal wrangling so you can have some peace of mind during a tough time.
Connect with an Experienced Atlanta Car Accident Lawyer Today!
With the chaotic traffic that can happen in Atlanta, car accidents are inevitable. It’s unfortunate when one happens at the fault of the other driver.
We have dedicated attorneys at The Weinstein Firm awaiting your call to help you with your case. Contact us at 770-HELP-NOW today for a free consultation!