Call for a Free Consultation 678-753-6431Atlanta Automobile Accident Injury Assistance
Have You Been in an Accident with a Car in Georgia?
Have you recently been in a car accident in Georgia? Did you call the police and have them come to the accident scene? Did the police give the other party a ticket or citation? Did you exchange your drivers license and insurance information with that at-fault part? Do you have a copy of the accident report? Did EMS services come to the scene? Did you feel pain immediately following the accident? Do you feel pain now?
In Georgia, compensation for injuries suffered in an auto accident occurs in one way, a lump sum payment at the conclusion of your claim. There is no payment for your medical bills while you are receiving them. You will not get your lost wages paid while you are unable to work. All the money you receive will be at the end, after everything has happened and time has passed.
Insurance companies want to do everything they can to deny and minimize your claims for medical bills, pain and suffering, and lost wages. Making sure you have the advice and consultation of an experienced attorney to assist you in maximizing your recovery will give you the peace of mind to focus on your physical, mental, and emotional recovery after the accident.
Was the Other Driver At Fault?
You can only recover after an auto accident if the other party is at fault. Georgia is a modified comparative fault state meaning that as long as you are determined to be less than 50% responsible for the accident, then you can recover a percentage of damages up to the percentage that the other parties are responsible. If you are determined to be 0% responsible, then you can recover 100% of damages. If you are determined to be 49% responsible then you can recover 51% of damages. However, if you are determined to be 50% responsible or more, then you cannot recover damages from the accident. O.C.G.A. 51-12-33.
Citations often help determine liability in these situations. However, a traffic citation is a criminal offense that involves a burden of proof that is beyond a reasonable doubt that the person issued the citation is guilty of committing the offense. Automobile accident claims are civil claims where the burden of proof is a preponderance of the evidence (or more likely than not they were responsible for the accident). Just because someone is found guilty or not guilty of an accident, does not mean they are liable for damages.
Liability is often a complex legal question. It may involve deadlines that move as quickly as 30 days. This is another reason it is important to have an experienced attorney provide a free consultation as quickly as possible after an accident happens. I can make sure you take the necessary steps to best protect your claim, as well as make sure you have notified your insurance company and the at-fault driver’s insurance company about the accident.
Does the At-Fault Driver Have Insurance?
Every driver who registers a vehicle in the State of Georgia is required to carry a minimum of $25,000 in liability protection in case they injure someone and it is their fault while driving on Georgia roads. Some people carry more insurance than the minimum of $25,000 and there are other drivers who break the law by not being insured while driving. The Georgia Office of Insurance and Safety Fire Commissioner has resources regarding automobile insurance requirements for drivers here.
You can also carry uninsured or underinsured motorist liability coverage to protect you in case you are injured by someone who does not have insurance or has too little insurance to fully compensate you for all injuries, pain and suffering, lost wages, and any other claims related to the accident. Insurance is not the only way to recover if you have been injured through an auto accident that is no fault of your own. You can also make a claim against another person’s assets. Depending on the individual financial situation of the at-fault driver, there might be additional claims that can be made depending on the extent of your injuries.
Most insurance companies require you to let them know as soon as possible after you are involved in an accident. You must provide them certain information so they will protect your interest. Failure to provide them required information may void your insurance policy and prevent possible coverage of your claims. An attorney can help you make sure you provide just the necessary information and nothing additional that may hurt or delay your recovery.
There are also other types of your own insurance that may benefit you after an auto accident. Medical payments, rental reimbursement, and gap insurance are three types of coverage that can further assist you in the event of an accident.
Were You Injured as a Result of the Car Accident?
Were you injured? is the single most important question in determining the value of your personal injury claim. It is the goal of insurance companies and defense attorneys to limit your ultimate recovery to as little as possible after an accident. Insurance adjusters are paid and given bonuses based on how well they do to reduce the overall payout after an auto accident.
The most important piece of advice I can give to people suffering from pain after a car accident is “don’t be brave.” It is important that you notify your doctors and get treatment as soon as you are feeling pain. Insurance companies like to complain about delays and gaps in treatment. It allows them to bring up the possibility of other activities contributing to your current injuries. It is important that as soon as you feel pain you tell people, and immediately seek treatment. Every injury is different and every person experiences pain differently. While lawyers are not doctors, they can give you advice on how insurance companies and the law view injuries and treatment. Seeking the advice of an auto accident attorney can help you make sure you are taking the right steps to protect your rights.
These four questions are the foundation of automobile accident injury claims in the State of Georgia. There must’ve been an auto accident on Georgia roads. The other party or parties must be at least 51% at fault. There generally has to be insurance available. And finally, you must have suffered an injury as a result of the accident. If you have questions or would like to begin the process of a Georgia car accident injury claim. Call or text today at 678-753-6431 or e-mail me at ryan@ryanwalshlegal.com.