Being involved in a car accident can be overwhelming. Whether it’s a minor fender bender or a severe collision involving serious injuries, many questions and concerns arise. What do you do? What do you not want to do? Can something you say or do be used against you, even if you were not at fault for the accident? Knowing what to do after a car accident can make all the difference in protecting your rights to recover for property damage and injury, and facilitating a smooth recovery process from the other driver’s insurance company. At Dan Chapman & Associates, we are injury lawyers. We do not handle other types of legal cases, such as criminal, divorce, bankruptcy or real estate. Some of our lawyers are former insurance company lawyers, and we know how insurance companies can trick you into saying things that they can use against you later to deny you compensation for your harms and losses. If you need to know what to do after a car accident, you need to call us first before you call the insurance company. Our experienced legal team is here to guide you every step of the way.
FIRST THINGS FIRST – Stay Calm and Prioritize Safety
The moments immediately following a car accident can feel very chaotic, but staying calm is essential. Take a deep breath and assess the situation. If you or anyone else has been injured, call 911 right away. Safety should always be the first priority.
Turn on your hazard lights to alert other drivers. If your vehicle is causing a hazard or blocking traffic, and it’s safe to do so, move it to the side of the road. Georgia law requires drivers to move their vehicles out of traffic if there are no serious injuries. Do not stay in your vehicle if it is not safe to do so, but move to a place of safety while you wait on law enforcement to arrive.
Contact Emergency Services
Calling 911 is a crucial step, even if the accident appears minor. Police officers will document what happened and what the drivers said at the scene. Oftentimes, the officer will make a finding of fault. This is important if the at fault driver later tries to change his or her story of what happened to cause the crash. If there are injuries, paramedics will provide immediate medical care. Having a police report is invaluable when dealing with insurance claims or potential legal actions, especially after a car accident with injury.
Exchange Information
While waiting for authorities to arrive, exchange information with the other driver(s). Make sure to collect the following details:
- Full name and contact information
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, and license plate number
Avoid discussing fault or making statements about liability. These details will be determined later based on the evidence.
Document the Scene
Use your phone to take pictures and videos of the accident scene. Capture the damage to all vehicles, the road conditions, any traffic signs, and any visible injuries. Additionally, it is important to gather contact information from any eye witnesses. Get their name and number. If the insurance company for the other driver tries to put some fault on you, the eyewitness account of what happened can be important to defeat such a claim. Their statements will strengthen your case by providing an unbiased account of what happened.
Seek Medical Attention
Even if your injury seems minor at the time, it is important to get checked by a medical professional. Some injuries may not manifest symptoms immediately. Receiving medical attention not only safeguards your health, but also creates a record that links your injuries back to the accident. What you think on day one is just a little soreness in your neck that will go away in a few days, could later reveal itself to be a herniated disc in your cervical spine that could need surgery to repair. With no treatment for the first month, almost every insurance adjuster will claim your neck injury did not come from the accident because you would have seen a medical professional much earlier if it was related.
Notify Your Insurance Company
Georgia law requires all drivers to carry auto insurance. Your auto insurance policy requires you to report a crash to the insurance company. The failure to do it can be used later to deny coverage. Call an experienced attorney at Dan Chapman & Associates before you report the crash to any insurance company so you can learn more about how to explain what happened. DO NOT TRUST ANY INSURANCE COMPANY, EVEN YOURS, TO DO THE RIGHT THING! Being informed before you make the call is crucial. An experienced attorney can advise you on how to make the report with the important details, along with any supporting evidence you’ve gathered. You always want to be honest and concise with the insurance company, but saying things that can be taken the wrong way and twisted around can jeopardize your claim.
Understand Georgia’s Fault Laws
Georgia follows a “modified comparative negligence” rule of law. This means that the law will compare the negligence, if any, of both drivers. Georgia law will not allow you any compensation for damages if you are found to be more than 50% at fault for the accident. However, you can recover damages if you are less than 50% at fault. If the other driver runs into the back of your car and you are 0% at fault, you can recover 100% of the damages you can prove are related to the crash. If you are found to be 20% at fault, maybe you did not avoid the other driver’s negligent actions when you had a chance to do so, you can only recover 80% of your damages because your compensation will be reduced by your percentage of fault. This rule of law highlights the importance of having spoken with an attorney before you speak to an insurance company on a recorded call.
Preserve Evidence and Keep Records
Maintain all documents and bills related to the accident, including:
- Medical records and bills
- Repair estimates and receipts
- Correspondence with an insurance company
- The police report
- Witness information
- Pictures of the scene and any damaged vehicles
These records will support your claim for damages and be evidence in any lawsuit that is filed if the claim is not able to be settled with the insurance company.
Avoid Common Mistakes
After a car accident, it’s easy to make mistakes that could harm your case. Here are some pitfalls to avoid:
- Not calling the police: A police report is critical evidence.
- Admitting fault: Even apologizing can be interpreted as admitting responsibility.
- Delaying medical care: Insurance companies may argue that delayed treatment means your injuries aren’t serious.
- Accepting the first settlement offer: Initial offers are often lower than what you deserve.
Why Choose Dan Chapman & Associates?
At Dan Chapman & Associates, we are injury lawyers. Our experienced legal team of attorneys and paralegals have years of experience in helping accident victims deal with insurance companies and settle claims for fair and reasonable compensation. We also understand how stressful and confusing life can be after a car accident, and we can walk with you through the process while we answer your questions and take on the insurance adjuster for you. Our team is committed to ensuring that your rights are upheld and that you receive the full and fair compensation you deserve. We handle the legal complexities so you can focus on recovering from your injuries.
If you’ve been involved in a car accident with injury, contact Dan Chapman & Associates today for a free consultation. Let us help you navigate this challenging time and secure the justice you deserve.
