See what you can do to protect your interests and build a strong personal injury claim after a Georgia car accident.
Traffic accidents are the second leading cause of hospital visits in Georgia. The state also has the fourth-highest rate of traffic fatalities in the country, despite only having the eighth-highest population.¹
When you or a family member are injured in a collision, you have the right to pursue compensation from the at-fault driver. Here’s what to do after an accident to protect your rights and build a strong injury claim.
What to Do After a Georgia Car Accident
Here are five steps you can take to protect your legal and financial interests after an accident.
1. Stay At the Scene and Exchange Information
Georgia car accident law requires drivers to stop at the scene of an accident resulting in injury or death. Provide your name, address, and vehicle registration number to the other driver and anyone else involved in the accident. You must also display your driver’s license upon request.
2. Call 911 and Help the Injured
Georgia drivers are required to render aid to the injured and arrange for transportation to the hospital. When a car accident victim is seriously injured or unconscious, drivers must contact emergency services to request medical help and notify police.
Calling 911 to report the crash and ask for an ambulance satisfies your legal requirements. Do what you can to aid the injured until help arrives.
3. Seek Prompt Medical Treatment
Never refuse or delay medical care after a car accident. The at-fault driver’s insurance company can use that as an excuse to deny or minimize your injury claim. You may be stunned or shaky after impact. An adrenaline surge can mask symptoms of serious injuries.
When paramedics arrive at the scene, let them examine you. If you don’t go directly to a hospital from the scene, make arrangements to see your own doctor or go to an urgent care center as soon as possible, preferably on the same day as the accident.
Tell the doctor you were in a collision. Report all your injuries, even minor complaints. You’re entitled to compensation for all your injuries, including minor sprains, headaches, and bruises.
4. Gather Evidence From the Scene
Because Georgia is a traditional fault or “tort” state, you or your attorney must prove the other driver’s negligence caused the crash. The driver’s insurance company won’t be willing to pay your claim without evidence of their insured’s fault.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
You don’t have to wait until you’ve healed from your injuries to notify the at-fault driver’s insurance company of your intent to file an injury claim.
Don’t be surprised to get a call from an adjuster with a quick settlement offer. It’s rarely in your best interest to accept an offer before you’ve completely recovered. It’s okay to politely tell the adjuster you don’t want to discuss settlement while still treating your injuries.
If you decide to hire an attorney, the insurance company won’t be allowed to contact you directly. Your attorney will handle all communications while you rest and recover.
No matter who caused the accident, you must notify your own insurance company that you were in a collision. Your auto policy is a contract between you and your insurer. Your policy has a notification clause, so you have a contractual obligation to let them know there was an accident. In return, your insurer has a duty to defend you if you are sued in connection with the accident.
Georgia Fault and Liability Rules
Georgia is a traditional fault state. If you or a loved one are injured in a car accident, you can file an insurance claim with the at-fault driver’s insurance company.
You also have the right to file a lawsuit against all at-fault parties, who may include the driver, the vehicle owner (if not the driver), or the driver’s employer if the accident occurred when the driver was working.
Whether you file an insurance claim or a lawsuit, the burden is on you to prove the other driver’s fault for the accident.
Georgia Shared Fault Rules
Georgia follows a 50-percent modified comparative fault rule. You can seek compensation from the other driver, unless you are equally or more at fault for causing the accident.
If you are forty-nine percent or less to blame, your compensation will be reduced according to your percentage of fault. If you are fifty percent or more to blame, you will be barred from seeking compensation.
Example of Modified Comparative Fault in Georgia
Olivia was driving down South Avenue in Atlanta, approaching Connally Street. Marcus was traveling on Connally, preparing to make a left turn on South Avenue.
Olivia picked up speed as she approached the intersection, trying to beat the light. She went sailing through the intersection just as Marcus was turning left. The vehicles collided, causing injuries to both drivers.
Olivia filed a $40,000 injury claim with Marcus’s insurance company. The adjuster refused to pay her demand, arguing that Olivia was speeding. Olivia sued Marcus.
At trial, the jury determined that Marcus was 80 percent to blame for making a left turn into oncoming traffic. The jury found Olivia to be 20 percent to blame for speeding.
Olivia was awarded $32,000, representing a 20 percent reduction to her original settlement demand.
Georgia Car Accident Compensation
The average settlement for a moderate car accident claim in Georgia is $26,079, with average payouts ranging from $5,229 to $420,816. Settlements and awards range from $1,024 for minor injuries to $1,386,548 for severe fractures and internal injuries.
Injury settlements in Georgia can vary widely, depending on the circumstances surrounding the crash, the scope and severity of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.
For example, look at these two rear-end accident cases with low and high payouts:
- In Cobb County, Brown v. Harris, 2005A-4462; 04-J-3802, a jury awarded $1,355 to the plaintiff. The plaintiff asked for $6,611 in damages, which were challenged by the defendant.
- In Gwinnett County, Ruane v. Morley, 03-C-00914-2, the jury awarded $1,000,000 for traumatic brain damage and neck and shoulder injuries. The award included $70,000 for the wife’s loss of consortium.
Use our free Georgia Personal Injury Calculator to estimate the value of a minor to moderate claim.
Factors that impact Georgia accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
If you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to fully compensate for all your damages. You must consult an experienced attorney for serious or fatal car accident injuries.
Georgia State Minimum Insurance Requirements
Georgia requires all drivers to carry no less than $25,000 per person/$50,000 per accident for bodily injury liability, and $25,000 for property damage.
Drivers in Georgia are not obligated to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by totaling your economic damages, such as medical bills and lost wages, then adding one to three times that amount for your non-economic damages, better known as pain and suffering.
The amount an insurance company will pay for pain and suffering depends on how much your injuries impede your activities of daily living after the accident. A multiple of one is reasonable for a few days in the recliner with ice on your knee. A multiple of two or three is reasonable for a broken leg that kept you from mowing your lawn all summer or going on that seaside vacation you planned.
Serious injury claims deserve full compensation, including the present and future value of medical expenses, future lost wages, long-term pain and suffering, and related loss of consortium claims. Only an experienced personal injury attorney can get full compensation for a severe injury or wrongful death claim.
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