After an Accident

“Can you settle your case yourself without hiring an attorney? Yes, you can. But why would you want to? A report from the Insurance Research Council titled “Auto Injuries: Claiming Behavior and

Its Impact on Insurance Costs,” found that, on average, personal injury settlements are 3.5 times higher for clients who have hired an attorney than for those without one and 85 percent of money paid out by insurance companies for injury claims are paid to clients who have hired an attorney to represent them.”

If you cannot safely exit your vehicle, do not. Wait for emergency personnel to assist you. If your vehicle is still running, turn it off.

IS ANYONE SERIOUSLY HURT?

Check with your passengers first and then the occupants of other vehicles to see if they are injured. Call for medical assistance if there are obvious injuries.

MOVE OVER

O.C.G.A. § 40-6-2745 requires drivers to move operable vehicles from the roadway to a safer location like an emergency lane, median, or shoulder immediately after an accident if no serious injuries have occurred, the car is operable, and the car can be safely driven. Your continued safety comes first, so move over if you can.

CALL 911

Even if you do not think you need to call the police, it is absolutely necessary to document the accident. One in seven drivers in Georgia are driving without proper insurance. The information another driver gives you may or may not be accurate. Get the police to take an accident report at the scene to protect your claim to be compensated for injuries and property damage. Reporting an accident is required under Georgia law O.C.G.A. § 40-6-273 and can only serve to protect you and your loved ones.

DON’T FLIP OUT

Be polite, try not to get upset, and keep apologies to yourself. This is not the time to get angry at another driver or be accusatory. Ask the other driver what happened and listen to what they say. It may come in handy to tell the officers when they arrive. This is not the time to apologize for looking down for a moment, daydreaming, or talking on your cell phone.

TAKE PICTURES

Almost everyone has a cell phone camera these days. Now would be a good time to use it. Take photos of the damage to your vehicle and the other vehicles involved in the collision. If the inside of your vehicle is a disaster after the accident, take a picture of that too. If the vehicles are still where they came to a stop after the accident, walk far enough away from them to get a couple of good pictures, showing the positions of the vehicle in relation to each other and the roadway. If there are skid marks on the road, a photo can be helpful documentation. Be observant. When you photograph the other vehicles in the collision, keep your eyes open for things which might explain the accident and document those as well. A cell phone in another driver’s car with the text or email screen up might otherwise be overlooked.

GET INFORMATION

Georgia law requires that drivers exchange insurance, vehicle, and personal information under O.C.G.A. § 40-6-273.1. Take this time to also get the names, addresses, and phone numbers of other people involved in the collision or witnesses at the scene.

GET MEDICAL TREATMENT

It is not uncommon for people to think they are okay and “just shaken up” after an accident—even when there are significant injuries. When an accident occurs, your adrenaline skyrockets and can mask injuries which may only become apparent hours or even days after an accident. Some of the most insidious injuries which aren’t always apparent include closed head injuries and internal bleeding, either of which could cause permanent injury or death if undiagnosed. Documentation is key. Go to a local emergency room or urgent care facility as soon as possible.

REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY BUT DO NOT GIVE A STATEMENT

Report the accident to your insurance company as soon as possible. Insurance policies can be made invalid if you fail to report the accident to your insurance company within the first day or two. When you are involved in a collision, the insurance companies involved are not your friends. Definitely do not give a statement to the other party’s insurance company, and speak with your attorney first about giving any recorded statements about the accident.

CALL A PERSONAL INJURY ATTORNEY

Can you settle your case yourself without hiring an attorney? Yes, you can. But why would you want to? A report from the Insurance Research Council titled “Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs,” found that, on average, personal injury settlements are 3.5 times higher for clients who have hired an attorney than for those without one and 85 percent of money paid out by insurance companies for injury claims are paid to clients who have hired an attorney to represent them.