The actions you take after a car accident can significantly affect your ability to pursue compensation for any injuries, lost income, property damage, and other losses you may have incurred. Making mistakes during the car accident claim process can prove costly. Here are eight mistakes to avoid when filing a car accident claim in Georgia.
Car Accident Claim Mistake #1: Not Getting Immediate Medical Attention
After an accident, you may put off seeing a doctor or getting medical attention because you don’t feel hurt or you want to wait and see if your pain gets worse. However, not obtaining prompt medical attention after a car accident may jeopardize your physical recovery and subsequent injury claim. Deferring treatment for car accident injuries can allow them to worsen, potentially requiring more prolonged or intensive treatment.
Not seeking immediate treatment may also give the at-fault driver a basis to challenge the claimed severity of your injuries or argue that the accident didn’t cause them. Seeking prompt medical attention after a car accident will document your injuries and strengthen your claim.
Car Accident Claim Mistake #2: Not Reporting the Accident to the Police
Drivers may choose to exchange information and go their separate ways without notifying law enforcement of the accident. However, failure to report the accident can have serious legal consequences.
First, state law requires a driver involved in an accident resulting in injuries or more than $500 in property damage to report the accident to law enforcement.
Secondly, when drivers contact law enforcement at the accident scene, the police may send an officer to investigate and prepare an accident report. These reports often serve as critical evidence in car accident cases, as law enforcement officers can provide neutral, objective documentation of the accident. In some cases, a police officer who writes a crash report may give their opinion on which driver(s) caused the accident.
Car Accident Claim Mistake #3: Failing to Collect Evidence at the Scene
In the shock of a car accident, you might forget to document the scene. As a result, you might lose critical evidence for your car accident claim after the crash scene gets cleaned up and the cars involved get towed and repaired.
Immediately after a car crash, use your cell phone to take photos and videos of the accident scene if you can safely do so. Details you should document include skid marks, vehicle damage, traffic signals, and the general conditions at the scene. Talk to any bystanders who witnessed the accident and ask them for their contact information so you can reach out to them if you need their testimony for a car accident claim.
Car Accident Claim Mistake #4: Communicating Directly with Insurance Companies
When you file an insurance claim after a car accident, you will talk to an insurance adjuster who investigates and processes your claim. Although the adjuster may seem like they want to help you, remember that they work for the insurance company and want to minimize your compensation. Insurance adjusters use various tactics to reduce the value of car accident claims, such as asking crash victims to give a written or recorded statement or sign a medical release so the insurance company can access their medical records.
Dealing directly with insurance companies puts you at risk of making a mistake that may jeopardize your financial recovery. However, if you’ve hired a car accident attorney, you can ask the insurance adjuster to direct all communication toward your lawyer. Your attorney can provide the insurance company with the information needed for your claim while protecting your rights and interests.
Car Accident Claim Mistake #5: Admitting Fault Prematurely
People who get into car accidents may inadvertently or prematurely accept fault for causing the accident. This could include admitting traffic violations like speeding or saying such things to the other driver as “I didn’t see you.” Even if you think you caused the accident, the evidence may later prove that another party bears fault for the crash. Prematurely admitting fault can make it harder to hold the actual at-fault parties liable for the accident.
Another mistake to avoid is making statements that the other driver or insurance company might construe as an admission of fault, including apologizing right after the accident. Although you might want to say “I’m sorry” to show empathy for the other driver, they may see it as you accepting blame for the accident.
Car Accident Claim Mistake #6: Not Understanding the Full Extent of Your Injuries
One tactic insurers may use to minimize compensation in car accident claims involves convincing injured parties to settle soon after the crash. While obtaining prompt compensation may seem tempting, especially if you have medical bills and cannot work, settling before you understand the full extent of your injuries may lead you to accept less than the full compensation you deserve.
Car Accident Claim Mistake #7: Ignoring Time Limits and Legal Procedures
When you have a legal claim against another driver after a car accident, the law imposes a deadline on filing a lawsuit to pursue your claim, known as the statute of limitations. In Georgia, the statute of limitations typically gives you two years to file a car accident lawsuit. However, certain exceptions may provide injured accident victims additional time to file — or less. Not knowing the deadlines and procedures for filing your car accident claim may result in you losing the opportunity to recover compensation.
Car Accident Claim Mistake #8: Not Hiring an Experienced Car Accident Lawyer
Finally, one of the biggest mistakes a car accident victim can make is not seeking the legal representation they need. An experienced Georgia car accident attorney will have handled countless car accident claims. They will know what to expect from the process and how to avoid obstacles or deal with challenges that may arise.
Contact a Georgia Car Accident Lawyer at Our Law Firm
After a car accident in Georgia, a lawyer can help you avoid mistakes that may jeopardize your legal rights and options. Contact Sherrod & Bernard, P.C., today for a free, no-obligation consultation with a Georgia car accident attorney to discuss your options for obtaining the financial recovery you deserve.
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