No one ever expects to be injured in a car accident. But whether you are involved in a crash on 1-85 in Atlanta or on Martin Luther King Jr. Drive SW, knowing what steps to take after an accident is critical. Due to the state’s strict comparative negligence laws, insurance companies look for ways to minimize or deny claims.
No matter what circumstances led to the car accident, you must take proper steps immediately after the collision. Understanding and following the correct steps safeguards your well-being and your right to file a claim.
Why Acting Quickly After an Atlanta Car Accident Matters
Due to rapid population growth both inside and outside the metro area and its role as a major logistical hub, Atlanta is one of the most congested cities in the US. At one major interchange, such as 1-75 and 1-85, motorists often engage in risky or aggressive driving behaviors, including speeding and improper lane changes.
The steps you take in the first moments and days after being involved in an Atlanta car accident
are critical. Georgia follows an at-fault system, meaning that the driver responsible for the crash is liable for damages. The state’s two-year statute of limitations (O.C.G.A. § 9-3-33) starts from the day of the accident, and delays can negatively impact your case. In cases involving government entities, Georgia law requires an ante-litem notice (O.C.G.A. § 36-33-5), meaning you must give formal notice to the government within six months before filing a claim
Gathering evidence immediately is essential for proving fault. Because insurance companies begin building their case, it is essential that you do the same.
Check for Injuries, Call 911, and Secure the Scene
Georgia law (O.C.G.A. § 40-6-270) sets strict requirements for the steps to be taken after an accident. For example, drivers must stop and render aid if the accident involves injury or death.
Other additional steps include:
- Do not leave the accident scene.
- Contact 911 to report the accident and EMS if there are injuries. The police report (Georgia Uniform Motor Vehicle Accident Report, form SR-13) is a strong supporting document you will need to file a claim.
- Do not try to move anyone who has been injured unless they are in immediate danger from traffic, fire, or other hazards.
- If you have only suffered what you consider to be minor injuries, it is still best to be examined by a medical professional. Injuries such as concussions, whiplash, and soft damage may not be apparent at first, but can result in serious consequences if not treated.
- Turn on your hazard lights. If the vehicles are blocking traffic, state law allows you to move them to the shoulder.
Document Everything, Get the Police Report, and Seek Medical Treatment
After you have checked for injuries and called 911, there are other essential tasks to complete, including:
- Exchange information with the other driver(s) involved in the collision, including their name, phone number, driver’s license number, insurance policy number, and the make and model of their vehicle.
- Take numerous photos and videos of the accident scene, vehicle damage, debris, skid marks, your injuries, and weather conditions.
Make note of the exact location where the accident occurred. The location of the accident scene, such as whether the crash happened in Fulton, Gwinnett, or DeKalb County, matters when determining jurisdiction issues. You can obtain a police report from the responding agency or online through the Georgia Records Act. The report will contain vital information needed for your claim, such as the officer’s determination of fault, accident diagram, and witness statements.
Those who are significantly injured are often transported to Grady Memorial Hospital, which has a Level One trauma center. Even if you feel fine, you still need to be evaluated by a medical professional and follow up with your primary care physician within 48 to 78 hours of the collision. Follow all treatment recommendations. Any gaps in medical care are among the most common issues insurers use to deny or reduce claims.
Notify Insurance, Don’t Admit Fault, and Contact an Attorney
Georgia follows an at-fault insurance doctrine. To recover damages, you will need to file a claim against the at-fault driver’s insurance company. You should also notify your insurance provider after the accident, as most companies require prompt notification that you have been involved in a crash.
Report the facts involved in the crash, but do not agree to provide a recorded statement to the at- fault driver’s insurer without first speaking to an accident attorney. If the other driver does not have insurance, you will need to file a claim against your UM/UIM coverage.
Although an accident scene can be chaotic, do not apologize or provide a theory about how the collision occurred. Under the state’s modified comparative negligence rule (O.C.G.A. § 51-12-33), if you are determined to be 50% or more at fault, you will be barred from recovery compensation.
Do not post any updates, photos, or comments about your injuries or the accident on your social media accounts. Insurers scour social media posts to try to look for inconsistent statements regarding your injuries.
Most Atlanta personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. Your injury attorney will act as your legal advocate and handle all the communication with the adjusters, preserve evidence, build a strong case, and calculate the full value of your damages. If the insurer is unwilling to offer a fair settlement, your attorney can file a lawsuit if necessary.
Common Mistakes That Hurt Car Accident Claims in Atlanta
Many Atlanta car accident victims make simple mistakes that negatively affect their claims. Common mistakes include:
- Not completing all recommended medical treatments
- Accepting a quick settlement, which is usually far less than the claim is worth.
- Not thoroughly documenting the accident scene
- Signing a release that allows the adjuster full access to your medical records.
- Speaking to the at-fault driver’s insurance provider without an injury attorney.
Contact Durham Law Group today at 404-845-3434 or 813-333-6250 to discuss how we can assist you with your car accident claim.
