Being involved in a car accident can be a harrowing experience. You may find yourself dealing with medical bills, vehicle repairs, and insurance companies—all while trying to recover from the shock of the accident. One of the most common questions people ask is, “Should I file a claim with my insurance if I’m not at fault?”
This blog post will explore that question in depth, guiding you through the steps to take after an accident, how to file a claim, the types of car insurance coverage available, and how an Atlanta car accident lawyer can assist you in getting the compensation you deserve.
What to Do After an Accident If You’re Not at Fault
Take these steps after an auto accident where you’re not at fault.
Contact the Police
If possible, move your vehicle to a safe location away from traffic. Check yourself and any passengers for injuries and call 911 if anyone needs medical assistance.
Always contact the police after an accident, even if the damage appears minor. A police report is crucial when filing a car insurance claim or pursuing legal action. The report will document the details of the accident, including who was at fault, and provide an official record.
Gather Evidence and Exchange Insurance Information
Collect as much evidence as possible at the accident scene. This includes taking photos of the vehicles involved, the surrounding area, and any visible injuries. Exchange information with the other driver(s), including names, contact details, insurance information, and vehicle registration numbers.
If there are any witnesses, try to get their contact information.
Notify Your Insurance Company
Even if you are not at fault, you should still notify your insurance company about the accident as soon as possible. Many insurance policies require you to report any accidents, regardless of fault.
Seek Medical Attention
Even if you feel fine, it’s essential to seek medical attention after an accident. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent. A thorough medical examination can identify any issues early.
Documentation of your injuries will be crucial if you pursue a personal injury claim.
How to File a Claim if You’re Not at Fault
When you’re not at fault in an accident, you generally have two options for filing a car insurance claim: you can either file a claim with the at-fault driver’s insurance company or file with your own insurance company and let them handle the subrogation process (seeking reimbursement from the at-fault party’s insurer).
When you file a claim with your own auto insurance carrier, it’s known as a first-party claim. A third-party insurance claim is when you file a claim with the other driver’s insurance company. Understanding these options will help you make an informed decision.
Filing With the Other Driver’s Insurance Company
Georgia is an at-fault state, so you’ll generally file a claim with the other driver’s insurance company first if you are not at fault.
You’ll need to contact the other insurance company and provide them with details of the accident, the police report, and any evidence you’ve gathered. The insurance company will then investigate the claim and determine the compensation amount.
However, this process can sometimes be lengthy, and the at-fault driver’s insurer may try to minimize their payout. It’s crucial to have a skilled Atlanta car accident attorney protect your interests.
Filing With Your Own Insurance Company
If you file a claim with your own insurance company, you may be able to get your vehicle repaired more quickly, as your insurer will handle the claim and seek reimbursement from the at-fault driver’s insurer.
Keep in mind that filing a claim with your own insurance could involve paying your deductible upfront. However, you may be reimbursed for this amount if your insurance company successfully recovers the funds from the at-fault party’s insurer.
Documentation is Key
Proper documentation is crucial for a car insurance claim. Keep all records related to the accident, including the police report, medical bills, repair estimates, and any correspondence with insurance companies.
Understanding Car Insurance Coverage
Here’s a breakdown of the most common types of auto insurance coverage and how they apply in a not-at-fault accident.
Liability Coverage
Liability insurance will pay for vehicle damage and injuries to others if a driver is found liable for an accident. Georgia insurance laws require drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage plus $25,000 per accident in property damage liability coverage.
If the other driver has the minimum amount of coverage, your damages could easily surpass these low limits. If the at-fault driver is uninsured or underinsured, you may need to rely on your own auto insurance.
Collision Insurance
Collision coverage helps cover the cost of repairing or replacing your vehicle after an accident, regardless of who is at fault. If you file a claim with your own insurance company, you may have to pay a deductible, but your insurer will handle the process of seeking reimbursement from the at-fault party.
Uninsured/Underinsured Motorist Coverage
Uninsured/Underinsured Motorist (UM/UIM) coverage provides protection if you’re involved in an accident with a driver who doesn’t have enough auto insurance to cover your damages or has no insurance at all.
In Georgia, UM/UIM coverage is not mandatory, but it’s highly advisable to add this to your policy for extra protection.
Personal Injury Protection (PIP) or Medical Payments Coverage
Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage is optional in Georgia and can help cover medical expenses for you and your passengers, regardless of fault. This coverage is beneficial in accidents where the at-fault driver’s auto insurance may not cover all your medical costs.
How an Atlanta Car Accident Lawyer Can Help
Navigating the aftermath of a car accident, especially when you’re not at fault, can be overwhelming. Insurance companies are more concerned with their bottom line than with providing you fair compensation.
An experienced Atlanta car accident lawyer can help you navigate the claims process and protect your rights. An attorney will negotiate with the insurance company and fight for a fair settlement that covers all your damages, including medical expenses, lost wages, and property damage. If a fair settlement cannot be reached, your attorney will be prepared to represent you in court.
Shared Fault Laws in Georgia
Shared fault affects how much compensation you can recover after a car accident. Georgia follows a modified comparative negligence rule, which means that your financial compensation will be reduced if you are partially at fault.
For example, if you are found to be 20% at fault for an accident and your total damages are $10,000, your compensation would be reduced by 20%, leaving you with $8,000. However, if you are 50% or more at fault for the accident, you are barred from recovering any compensation from the other party.
Shared fault can complicate the claims process. It’s common for insurers to shift the blame on accident victims to minimize the payout. Because of this, having strong evidence and legal representation is crucial.
Contact the Weinstein Firm for a Free Consultation Today!
Filing an insurance claim after a car accident where you’re not at fault can be a complicated and stressful process. Having an experienced Atlanta car accident lawyer from The Weinstein Firm by your side can make all the difference.
At The Weinstein Firm, we are dedicated to helping car accident victims navigate the legal process with confidence. We have recovered millions for clients across Georgia. Contact us today at 770-HELP-NOW for a free consultation.
