Filing a lawsuit is a stressful part of recovering from a collision. Between managing medical bills, dealing with insurance adjusters, and navigating legal procedures, making mistakes can easily affect your case. Even small errors like waiting too long to report the incident or accepting the first settlement offer can impact your right to compensation.
If you’ve been injured in a car crash, understanding what to avoid doing when filing a car accident claim in Georgia is just as crucial as knowing what steps to take. Let’s discuss drivers’ common errors and how to avoid them.
- Delaying Medical Care
Many accident victims underestimate their injuries, assuming the soreness or stiffness will disappear in a few days. However, adrenaline and shock can make you think you were not injured. Also, some injuries like concussions or internal organ damage don’t show immediate symptoms and can worsen over time.
From a legal standpoint, insurers often interpret delayed medical attention as a sign that the injuries weren’t serious or caused by the accident. To protect your health and your claim’s credibility, seek medical care right after the crash and follow all recommended treatments.
- Neglecting to Report to the Police Immediately
Once your health and safety are secured, informing local authorities of the accident is critical. Georgia law requires drivers to contact the police promptly if the accident results in injury, death, or property damage above $500. Failing to do so could lead to penalties and weaken your insurance claim.
A police report provides an official, unbiased record of when, where, and what happened. It includes details that may prove vital in your lawsuit, such as:
- Road and environmental conditions during the crash
- Your and the other driver’s driving speed at the time of the crash
- The extend of damage to your car
- Injures you and your passengers sustained
- Defects in the other vehicle involved
Insurance companies rely heavily on this documentation when processing claims. Skipping or delaying your police report can give the other driver and their insurer grounds to question your claim’s validity.
- Admitting Fault or Apologizing for the Car Crash
Following a car accident, it’s natural to be stressed, overwhelmed, and feel the urge to apologize even if you weren’t responsible. But admitting fault, even unintentionally, can have significant legal repercussions. As a state that follows comparative negligence law, Georgia prohibits drivers deemed at fault by 50% or more from securing recompense for damages and injuries.
Insurance companies can use statements like “I’m sorry” or “I was tired while driving” as evidence to refute your claim. Only give a factual account of the incident when speaking with law enforcers, other drivers, and insurers. Avoid talking out of conjecture and let the investigation confirm the at-fault party.
- Failing to Collect Enough Proof
Substantial evidence can make or break your car accident lawsuit. While the police report offers solid proof, you must also gather and preserve your documentation whenever possible. Each evidence must be detailed and organized so insurers cannot easily dispute your claim. These include: - Photos or videos of the scene, road conditions, visible injuries, and vehicle damage
- Hospital records, prescriptions, doctor notes, and receipts of medical expenses
- Names and contact information of witnesses and people involved
- Eyewitness testimonies
- Posting About the Car Crash Online
In today’s digital world, many people share their experiences on social media platforms like Facebook. However, posting about your accident and/or injuries can harm your claim. Insurance adjusters often check claimants’ social media accounts for proof that contradicts their statements.
For example, insurers can twist a seemingly harmless post of a photo of yourself in a visibly good mood or going on a trip after the crash to suggest your injuries aren’t serious. It’s best to stay off social media or keep posts unrelated to the accident until your claim is resolved. Moreover, avoid accepting friend requests from unfamiliar individuals and change your account’s privacy settings.
- Handling the Accident Injury Claim Independently
Some drivers try to file auto accident claims alone to avoid legal fees. While this approach seems practical, it often backfires. Insurance firms usually have adjusters trained to minimize payouts. Without professional guidance, you might end up agreeing to unfair terms.
To ensure you receive just compensation, it’s best to work with a Georgia car accident attorney, as they understand the local applicable laws. They will clearly explain your rights and help you navigate the entire process, from gathering evidence to completing the necessary paperwork. Moreover, they can accurately calculate the damages you are entitled to and effectively handle negotiations with insurers so you can focus on recovery.
- Agreeing to a Quick Settlement With Insurers
After auto accidents, insurance firms often move fast to offer a settlement. It can be tempting to accept, especially when you’re financially struggling. However, accepting such an offer likely means settling for less than you deserve.
Initial settlements rarely account for long-term medical needs or ongoing pain and suffering. Insurers may pressure you into accepting one before you clearly understand your overall losses, waiving your right to seek additional recompense later. To prevent this, consult a local car accident lawyer before agreeing to any settlement offer.
- Overlooking Critical Deadlines
Timing is paramount when filing a car accident lawsuit. In Georgia, drivers can file auto accident claims for up to two years from the crash date. Missing this deadline means you risk losing your right to pursue justice and compensation.
Additionally, insurance firms may set specific time frames to file claims. Working with a local attorney is essential to comply with these deadlines. They can help you meet the requirements for filing your claim on time.
Conclusion
Pursuing car accident claims in Georgia involves more than just paperwork; it’s a process that requires attention to detail, timing, and strategy. By avoiding the common mistakes above, you can safeguard your rights and build a solid claim for fair compensation. If unsure how to proceed, contact a personal injury lawyer in Georgia for a consultation.