There’s a shocking amount of misinformation floating around after a car accident in Roswell, Georgia. Separating fact from fiction is essential to protecting your rights and ensuring you receive fair compensation. Don’t let these myths derail your claim; are you truly prepared for what comes next?
Key Takeaways
- You have only two years from the date of the accident to file a personal injury lawsuit related to a car accident in Georgia, according to O.C.G.A. § 9-3-33.
- Even if you feel partially at fault for a car accident in Georgia, you can still recover damages as long as you are less than 50% responsible.
- The “full coverage” insurance package does not exist; instead, you need to ensure your policy includes comprehensive, collision, and uninsured/underinsured motorist coverage.
Myth #1: “I have plenty of time to file a lawsuit.”
The misconception is that you can wait indefinitely to pursue legal action after a car accident. This is simply not true. Georgia law sets strict deadlines, known as statutes of limitations, for filing lawsuits.
In Georgia, the statute of limitations for personal injury cases, including those arising from car accidents, is generally two years from the date of the injury. This is codified in O.C.G.A. § 9-3-33. If you fail to file a lawsuit within this two-year window, you lose your right to sue for damages related to the accident. Two years may seem like a long time, but gathering evidence, negotiating with insurance companies, and preparing a strong case can take considerable time. Delaying action can jeopardize your ability to recover compensation for medical bills, lost wages, and other damages. We had a client come to us two years and three days after their wreck. Devastating. We had to turn the case away.
Myth #2: “If I was even a little bit at fault, I can’t recover anything.”
Many people mistakenly believe that if they were even partially responsible for a car accident, they are barred from recovering any damages. This isn’t necessarily the case in Georgia.
Georgia follows a modified comparative negligence rule with a 50% bar. This means that you can recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%. If you are found to be 50% or more at fault, you cannot recover anything. However, if you are less than 50% at fault, your damages will be reduced by your percentage of fault. For example, if you suffered $10,000 in damages but were found to be 20% at fault, you could recover $8,000. It’s crucial to understand that insurance companies will often try to assign a higher percentage of fault to you to reduce their payout. An experienced attorney can help you fight back against these tactics and protect your right to recover compensation. This rule is set out in O.C.G.A. § 51-12-33. Don’t automatically assume you are out of luck just because you think you might bear some responsibility.
Myth #3: “I have ‘full coverage,’ so everything is taken care of.”
The phrase “full coverage” is often thrown around, leading people to believe they are completely protected in the event of a car accident. However, there’s no such thing as a standard “full coverage” policy. What you think you have and what you actually have might be two very different things.
Insurance policies are highly customizable, and the term “full coverage” is misleading. A more accurate way to think about it is to consider the different types of coverage you need. Typically, this includes liability coverage (which pays for damages you cause to others), collision coverage (which pays for damage to your vehicle regardless of fault), comprehensive coverage (which covers damage from events other than collisions, such as theft or weather damage), and uninsured/underinsured motorist coverage (which protects you if you’re hit by someone without insurance or with insufficient coverage). It’s essential to carefully review your policy to understand exactly what is covered and what is not. I had a client last year who thought they had “full coverage,” only to discover they had minimal liability coverage and no uninsured motorist coverage. This left them in a difficult situation after being hit by an uninsured driver.
Myth #4: “The insurance company is on my side and will offer me a fair settlement.”
The misconception is that your insurance company (or the other driver’s) is primarily concerned with your well-being and will automatically offer you a fair settlement after a car accident. This is a dangerous assumption.
Insurance companies are businesses, and their primary goal is to maximize profits. While they have a legal obligation to act in good faith, they are also motivated to minimize payouts. This means they may try to lowball your settlement offer, deny your claim altogether, or delay the process in the hopes that you will give up. Remember, the adjuster is not your friend. They are trained professionals whose job is to protect the insurance company’s bottom line. Don’t be afraid to consult with an attorney before accepting any settlement offer. An attorney can review the offer, assess the full extent of your damages, and negotiate with the insurance company on your behalf. In fact, a 2019 study by the Insurance Research Council found that claimants who hired attorneys received settlements that were, on average, 3.5 times higher than those who did not.
Myth #5: “I don’t need a lawyer unless my injuries are very serious.”
Many people believe that hiring a lawyer is only necessary if they have suffered severe, life-altering injuries in a car accident. This is not always the case. Even seemingly minor accidents can have long-term consequences, and a lawyer can be invaluable in protecting your rights.
Even if your injuries appear minor at first, they can sometimes develop into more serious problems over time. Additionally, dealing with insurance companies can be complex and confusing, regardless of the severity of your injuries. A lawyer can help you navigate the claims process, gather evidence, negotiate with the insurance company, and ensure that you receive fair compensation for all your damages, including medical expenses, lost wages, and pain and suffering. We recently handled a case where the client initially thought they only had whiplash from a rear-end collision near the intersection of Holcomb Bridge Road and GA-400 in Roswell. However, after a few months, they developed chronic pain and required extensive treatment. We were able to help them recover a settlement that covered their medical expenses and lost wages, which they would not have been able to do on their own. Even if you think your case is straightforward, consulting with an attorney can provide valuable peace of mind and ensure that you are not taken advantage of.
Understanding your legal rights after a car accident in Roswell is paramount. Don’t let misinformation cloud your judgment and potentially jeopardize your ability to recover the compensation you deserve. By debunking these common myths, you can approach the claims process with greater confidence and make informed decisions about your next steps.
What should I do immediately after a car accident in Roswell?
First, ensure everyone’s safety and call 911 to report the accident. Exchange information with the other driver(s), including insurance details. If possible, take photos of the damage to all vehicles involved and any visible injuries. Seek medical attention, even if you feel fine, as some injuries may not be immediately apparent. Finally, contact a qualified Georgia attorney to discuss your legal options.
How is fault determined in a car accident in Georgia?
Fault is typically determined by investigating the accident and gathering evidence, such as police reports, witness statements, and photographs. Insurance companies will often conduct their own investigations to assess liability. In some cases, expert reconstructionists may be needed to analyze the accident and determine the cause. As I mentioned earlier, Georgia follows the modified comparative negligence rule.
What types of damages can I recover after a car accident in Georgia?
You may be able to recover economic damages, such as medical expenses, lost wages, and property damage. You may also be able to recover non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. The specific types of damages you can recover will depend on the facts of your case.
What is uninsured/underinsured motorist coverage, and why is it important?
Uninsured motorist (UM) coverage protects you if you are hit by a driver who does not have insurance. Underinsured motorist (UIM) coverage protects you if you are hit by a driver who has insurance, but their coverage is not enough to fully compensate you for your damages. This coverage is crucial because many drivers in Georgia are uninsured or underinsured. Without UM/UIM coverage, you may be left to pay for your medical expenses and other damages out of pocket.
How much does it cost to hire a car accident lawyer in Roswell?
Most car accident lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The fee is typically a percentage of the settlement or jury award, often around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is filed and the case goes to trial. This arrangement allows you to pursue your claim without having to pay any upfront fees.
Don’t underestimate the value of expert legal guidance after a car accident in Roswell. Far too many people try to navigate the legal system alone, only to be overwhelmed and taken advantage of. Protect yourself by seeking professional assistance early in the process. The sooner you act, the better your chances of securing the compensation you deserve.
Remember, the legal fight after a wreck can be complex.
If you’re in Augusta and trying to prove fault, you’ll find the process similar.
Also, be sure to avoid these costly mistakes in Roswell.
