Car Accidents

WHAT HAPPENS IF I AM HURT IN A HIT AND RUN ACCIDENT?

If a driver hits your car and flees the scene, you do have options for recovering compensation. After the wreck, proceed as you would for any other accident: call the police and/or an ambulance, take photos and get witness statements. Then, you can file a claim with your own insurance company through your uninsured/underinsured motorist policy.

DO I NEED A DOCTOR IF I HAVE NO INJURIES AFTER A CAR CRASH?

Yes, you still need to see a doctor. Even if you think you are not hurt, you should still get a medical exam. Some injuries may take some time to develop, or the adrenaline of the crash may mask serious problems, like a concussion. The longer you wait to see a doctor, the more likely the insurance company will be to claim that your injuries are not serious or did not result from the crash.

WHAT HAPPENS IF THE ACCIDENT WAS PARTLY MY FAULT?

In Georgia, you can still collect compensation for your injuries and damages after a car crash as long as you were less than 50 percent responsible for the collision. If you were mostly at-fault, you cannot collect from a car insurance claim or personal injury lawsuit.

If you were less than 50 percent responsible, you can file a claim. However, the amount of compensation you receive will be reduced by the percentage you were to blame. For example, if you were 15 percent responsible for a crash, your compensation will be reduced by 15 percent. Therefore, if your settlement is $10,000, you will only receive $8,500.

CAN I JUST LET THE INSURANCE COMPANY HANDLE MY CLAIM?

Insurance companies are privately owned, for-profit businesses. This means that, when processing a claim, their main priority is protecting their own interests – even if you file a claim with your own provider! For this reason, you should always at least consult with a lawyer before proceeding with a claim. Many lawyers, including those at the McArthur Law Firm, offer free consultations about car crash cases. This means that you can get legal advice free of charge, which will help you even if you then file a claim on your own.

WHAT SHOULD I DO IF THE OTHER DRIVER’S INSURANCE COMPANY CALLS ME?

Often, insurance adjusters will call car crash victims as soon as they know about the wreck. You may even still be in the hospital when you get that first call. However, even though some insurance adjusters will push you to give a statement or discuss the crash right away, you have no legal obligation to do so.

If you get a call like this, politely refuse to discuss anything. One good thing to say is: “I do not want to make a statement until I talk to my lawyer”. Even better, say: “I will have my lawyer call you”. Then, when you are able, contact a car crash attorney, who can advise you on how to proceed.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY LAWSUIT FOR A CAR CRASH IN GEORGIA?

In Georgia, the statute of limitations on all personal injury matters is two years. However, the sooner you speak to a car crash lawyer and start the process of filing a claim, the better. Usually, you only need to file a personal injury lawsuit if the insurance company denies your claim or will not agree to a fair settlement. Negotiations can take months, so you should ensure that you have enough time remaining to file a lawsuit if necessary.

HOW LONG DOES IT TAKE TO SETTLE A CAR ACCIDENT CLAIM?

Every car crash is different, so there is no way to generalize about how long it will take for you to get the compensation you deserve. Sometimes, insurance negotiations may take only a few weeks. Other times, months may pass. If you have to file a personal injury lawsuit, you may not get any money for a couple of years. A car crash lawyer can explain the details and difficulty of your case in a free initial consultation.