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Car Accident Checklist: 7 Essential To-Dos When the Other Driver is at Fault

what to do after a car accident not your fault

In an instant, your life can be upended by another driver’s negligence. You’re driving along minding your own business when a driver plows into your rear bumper, jolting you into whiplash.

Before you know it, you’re injured, out of work, and facing a mountain of expenses to get your health and life back on track. The at-fault driver’s insurance company should cover your losses, right? In theory, yes.

In the real world, even when a motor vehicle accident clearly wasn’t your fault, insurers won’t just hand you a check. As the injured victim, the burden falls on you to fight for the compensation you deserve. But where do you start?

Here are seven steps injured victims should take to protect their rights after an accident caused by another motorist’s negligence.

1. Seek Proper Medical Care

Car accidents can leave you with injuries that are not apparent immediately after an accident. Get checked out as soon as possible, even if you feel fine initially. Car accident injuries like whiplash or concussions can take hours or days to fully manifest. Early diagnosis and documentation of any issues will help support your future accident injury claim.

Closely follow any treatment plans, therapy referrals, or medication regimens prescribed to facilitate your recovery from accident injuries. Keep detailed records and all receipts related to medical costs like hospital and doctor bills. Also, document the impact on your daily functioning, ability to work, pain levels, and recovery process. These records will all serve as evidence of the medical damages you sustained.

2. Report Your Auto Accident Properly

File a police report detailing the accident from your perspective and obtain a copy of the finalized report, as this will be a key piece of evidence. Notify your insurance provider about the accident immediately and give your statement of events, but don’t speculate on fault or make any comments that could be construed as admitting liability.

Avoid providing recorded statements or signing anything with the at-fault driver’s insurer without consulting a car accident lawyer first. Even honest remarks could be manipulated and used against you to make it appear that the accident was your fault.

3. Compile Evidence About the Accident Scene

Since Georgia follows at-fault insurance rules, gathering solid evidence at the accident scene to prove the other driver’s liability is crucial. Your attorney can use various proof to determine that the other driver is at fault for the accident, such as:

  • Photos of vehicle damage, the accident scene, road conditions, and surroundings.
  • Eyewitness accounts and contact/identifying information.
  • Police accident reports and professional accident recreation analysis.
  • Skidmark measurements and analysis.
  • Vehicle telemetry data and driving logs.
  • Traffic camera footage, if available.

Compiling multiple sources of reliable evidence related to your car accident can convincingly establish the other motorist’s role in causing the collision. Contact a car accident attorney to help as soon as possible following an accident.

4. Keep Meticulous Records of All Costs Related to Your Accident Injuries

Thoroughly document any expenses stemming from the accident over both the short and long term:

  • Medical bills, prescriptions, and costs related to diagnosis and treatment of crash-induced injuries.
  • Lost income due to missing work during recovery and rehabilitation.
  • Vehicle repair or replacement costs.
  • Transportation costs like taxis while your car is unusable.
  • Expenses related to hiring help with daily activities like chores, childcare, shopping, etc.
  • Legal fees for your representation by a personal injury attorney.
  • Future costs that are expected for ongoing medical treatment, therapies, or orthotic devices.
  • Any other losses connected to the accident and injuries, including pain and suffering.

Meticulously tracking all quantifiable accident-related costs lays the financial foundation for a robust injury claim.

5. Consult a Georgia Car Accident Lawyer

Legal guidance from a seasoned personal injury attorney can prove invaluable after an at-fault accident. They can build a compelling liability case against the negligent driver by marshaling evidence and expert analysis. An experienced lawyer can also handle sensitive communications and settlement negotiations with insurers on your behalf.

If the other driver’s insurance company refuses fair compensation, your lawyer can file a lawsuit against them. Representation allows you to focus on healing while your attorney handles legal matters. Studies show accident victims represented by attorneys typically recover significantly higher settlements than unrepresented individuals. Working with a car accident attorney can help level the playing field when facing major insurance carriers.

How an Experienced Lawyer Can Advocate Zealously for You

A dedicated Atlanta personal injury attorney can provide critical support as your advocate by:

  • Performing an in-depth accident investigation to conclusively establish fault and liability.
  • Maximizing the value of your injury claim based on meticulous documentation of all damages.
  • Aggressively negotiating with the at-fault driver’s auto insurance company to demand fair compensation.
  • Taking decisive legal action if warranted to recover full damages.
  • Explaining in plain language your options and legal rights at each stage.

Their skills, experience, and command of Georgia insurance law can make a major difference in your recovery journey.

6. Cooperate (Within Reason) With Car Insurance Investigations

After a car crash, you can expect insurance companies for both drivers involved to launch investigations into how the accident occurred. They will try to gather information to determine fault and liability. While often tedious, you should aim to cooperate with common requests.

Insurers may require you to undergo medical exams by independent evaluators to assess any claimed injuries and treatment needs. Sometimes, they may request access to strictly relevant portions of your medical history and records.

Refusing to cooperate with insurers’ requests could raise red flags that stall the claims process and jeopardize your potential settlement. However, experienced personal injury lawyers will know when certain demands cross the line into unreasonable or intrusive territory.

7. Negotiate Patiently But Firmly For a Fair Settlement in Your Car Accident Claim

After a car accident, arriving at a fair settlement agreement can involve drawn-out negotiations. Insurance companies will resist maximizing payouts. That’s why having an assertive negotiator on your side is key. Your Georgia personal injury attorney will thoroughly calculate your economic and non-economic damages, then make a well-evidenced demand reflecting the full value of your losses. They will refuse to settle for anything less than reasonably fair compensation aligned with the documented expenses and impacts of the collision.

If insurers balk at paying what your case warrants, your lawyer can aggressively leverage litigation to resolve your claim justly. With an experienced negotiator fighting for you, you can feel confident your settlement will cover every category of damages you endured. Don’t leave the final amount up to chance – consult a dedicated attorney to demand and secure the maximum settlement your case deserves.

Don’t Go It Alone – A Georgia Car Accident Attorney Can Help

Navigating the aftermath of an accident caused by a negligent driver can feel overwhelming and lonely. But with the experienced attorneys of Sawyer Injury Law by your side, you don’t have to handle it alone. Our team knows how to thoroughly investigate fault, build an ironclad liability case, maximize the value of your insurance claim, and relentlessly negotiate with insurers to get our clients every penny they deserve.

We have fought for full legal damages for hundreds of injured victims like you. Don’t leave your recovery to chance – contact our top-rated auto accident lawyers today for dedicated counsel and compassionate support. With Sawyer Injury Law as your fiercely committed advocate, you can confidently move forward, knowing you will emerge from this ordeal with the fairest outcome possible. Call now for a free consultation.

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Author Bio

Norman Sawyer Norman Sawyer is the CEO and Managing Partner of Sawyer Injury Law, a personal injury law firm in Atlanta, GA. With more than 20 years of experience in personal injury, he has zealously represented clients in various legal matters, including motor vehicle accidents, premises liability claims, municipal claims, wrongful death, and other cases.

Norman received his Juris Doctor from the University of Pittsburgh School of Law in 2002 and is a member of the Georgia State Bar Association, Georgia Trial Lawyers Association, and St. Thomas More Society.

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