Is It a Mistake to Admit Fault After a Car Accident?

Lady driver making a call to report car accident.

Admitting fault for a car accident to insurance companies or other drivers involved could complicate your ability to recover fair compensation. You might also be wrong. Numerous parties may be to blame for a wreck, and determining fault requires a thorough investigation. 

 

Are There Things I Should Not Say After an Accident?

In addition to never admitting fault for a car accident, try to avoid phrases like:

  • “I’m sorry” – This statement is so common in our vocabulary that we may not even notice when we say it. Sometimes, it is more of a nicety than a genuine apology. However, in the aftermath of a car accident, saying sorry can quickly be twisted into an admission of fault.
  • “I should (or shouldn’t) have…” – When speaking to other drivers or conversing with an insurance adjuster, do not offer your opinion about what you should or should not have done to avoid the car accident. These phrases are considered speculation. Let the legal and insurance professionals determine who was in the wrong.
  • “The other driver said I could…” – Many crashes occur because motorists misinterpret visual or audible signals from another driver. Even if you think the other motorist indicated that you could pass, back up, or pull forward from a stop sign first, saying so could be interpreted as an admission that you broke traffic rules.
  • “I’m fine” – You might get a courtesy call from an insurance adjuster in the days following a crash. While it might seem like they are inquiring about your well-being, they could be looking for ways to avoid paying your claim. It may be a reflex to say “I’m fine” or “I’m okay,” but these replies could be used against you. Instead, politely tell the insurer you need to consult a car accident lawyer before answering any questions.

What Should I Do After the Accident?

It is normal to feel overwhelmed and disoriented after a car accident. The shock of the crash can make it challenging to know what to do next. You can protect your rights by following these steps:

  • Seek medical attention for any injuries, even if they initially seem minor.
  • Follow your doctor’s treatment plan, including follow-up visits and at-home care.
  • Keep detailed records of all medical treatments, prescriptions, and expenses.
  • Document any pain, discomfort, or limitations in your daily activities.
  • Take photos of your car accident injuries as they heal.
  • Gather all relevant documents, including insurance information and the police report.
  • Keep a log of any time missed from work due to your injuries.
  • Refrain from sharing posts about the car crash or your injuries on social media.
  • Be cautious when speaking with insurance adjusters without a lawyer present.
  • Consult an experienced car accident attorney to protect your rights and interests.

Remember that some injuries may not be immediately apparent after an accident. Pay close attention to your physical and mental health in the weeks following the incident. If you experience new symptoms or worsening conditions, seek medical attention promptly and inform your attorney.

Insurance agent checking car damages from car accident.

What Am I Obligated to Say to the Insurance Company When They Call Me?

When an insurance company calls, you are only required to provide basic information, such as:

  • Your name and contact details
  • The date, time, and location of the accident
  • The names of others involved in the crash

You do not have to give a recorded statement or discuss your injuries, nor should you. Simply tell the insurance adjuster that you are still seeking medical treatment and will provide more information through your lawyer.

How is Fault Determined in a Georgia Car Accident?

Establishing fault for a car accident in Georgia is crucial to determine whether you are eligible for compensation. The insurance company and your attorney will conduct independent investigations to identify the responsible party.

Various types of evidence can help establish fault, such as:

  • Police reports
  • Eyewitness accounts
  • Physical evidence from the accident scene
  • Traffic laws and regulations
  • Expert testimony from accident reconstruction specialists or other professionals

The success of your car accident claim hinges on finding persuasive evidence of the other party’s fault. A car accident attorney can gather and review the proof you need for a compelling injury claim.

Could My Compensation Be Affected if I Am Partly at Fault?

In some car accident cases, more than one party is to blame. When parties share responsibility for a crash, fault is assigned according to Georgia’s comparative negligence law. Under this rule:

  • You can only recover compensation if you are less than 50 percent responsible for the collision.
  • The money you receive will be reduced by your percentage of fault.

This potential reduction of compensation is one of the biggest reasons to avoid admitting fault for a car accident. If fault for the wreck is in question, you can count on insurance companies to work aggressively to push the blame onto you.

Contact a Georgia Car Accident Lawyer

The moments and days after a car accident in Georgia can feel overwhelming and anxiety-inducing. In this state of mind, you might unwittingly make mistakes that could jeopardize your personal injury claim. Getting skilled legal representation can protect you from making errors during this vulnerable time.

The experienced car accident lawyers at Sherrod & Bernard, P.C., have been fighting for the rights of injured people for over 30 years. Call or contact us today for a free consultation with a car accident attorney.

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Author: John Sherrod

John W. Sherrod is a Founding Partner of Sherrod & Bernard, P.C., who has represented injury victims and their families in Georgia for more than 30 years. A native of Marietta, Georgia, John graduated cum laude from the University of Georgia in 1984 and graduated from Mercer University’s Walter F. George School of Law at the top of his class in 1987. In addition to his law practice, John is a frequent speaker at trial lawyer functions and an active member of several professional organizations, including the Georgia Trial Lawyers Association and Southern Trial Lawyers Association.