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Car accidents are very stressful. You may be hurt, and your car could have also suffered some damage. While you might be overwhelmed by the situation, it’s important to stay at the scene and contact the police. Georgia encourages drivers to call 911 after any accident, and you should request an ambulance if anyone is hurt. The police should respond and complete a crash report if there are injuries, if there appears to be more than $500 in damage to a vehicle, or if one of the drivers asks them to. If it is a minor fender bender, the police may opt not to file a report. However, it’s a good idea to ask for one. You should take your own steps to document the crash for several reasons, one of which is that it’s helpful when you prepare to file an insurance claim.
The insurance claim process can also be overwhelming, as well as tricky. Attorney Ali Award knows insurance companies and has the expertise to fight for your legal right to compensation. It took him only a few short years to grow the CEO Lawyer Personal Injury Law Firm into one of the fastest-growing firms in the country. If you or a loved one have been hurt in an accident, don’t wait – call the CEO Lawyer Personal Injury Law Firm for a free consultation right away. There is no obligation; if we take your case, you won’t owe us anything until we win.
When Are You Required by Law to Report an Accident?
It’s always a good idea to report an accident, but in some situations, it is legally required:
- If you are in an accident within the city limits of a city that requires it.
- If someone is injured or killed.
- If property damage is more than $500. (Don’t eyeball it – what looks like minor damage can be more expensive than you think. It’s best to just report the accident.)
- When your insurance carrier requires it. (You should also contact your insurer to tell them about the crash, even if you don’t believe you were at fault.)
How to File a Police Report After a Car Accident
You may be confused or disoriented after your car accident Aside from calling 911 and reporting the accident, Georgia has no specific requirements for filing a police report after a car accident. In most cases, the officer will complete the report, and it will be available to anyone who wants a copy for a small fee. To get one, you should check with the specific law enforcement agency that responded, whether it’s the city police department or a county sheriff’s office. Some may offer the reports on their website, while others may mail them to you. If it’s convenient, you can also pick it up in person. (A few cities may require in-person pickup.) Usually, the fees are only around $5.
Can the Police Report Be Used Against You in Your Insurance Claim?
People often have concerns about this. Under Georgia state law, an accident report can’t be used against you in a lawsuit to collect damages, either one you file or the other party files. However, it’s still a good idea to refrain from saying that you think the accident was your fault, even if you do. The other party might overhear you, which could create issues with their insurance company. Additionally, while the report can’t be used in court, your insurance company may use it to deny your claim. While this would not hold up in court, they know that most claims settle out of court.
You should answer the officers’ questions about what happened honestly, but be brief and avoid speculating about fault. We’ve met many people who thought they were at fault but were mistaken.
This is also complicated because Georgia uses comparative negligence law in personal injury cases like car accidents. With comparative negligence statutes, both parties in a car crash are assigned a percentage of the blame. A person assigned less than 50 percent of the responsibility for the crash can collect damages from the party assigned more than 50 percent of the responsibility. So even if you made a mistake, you might not be entirely at fault for the accident or even mostly at fault for it. This could make the difference between being on the hook for your own and the other driver’s expenses and being able to collect your damages.
Once you’ve received a copy of your accident report, look it over carefully and ensure it’s accurate. If the police have arrived at a conclusion about fault that you disagree with, you should speak with an attorney. Don’t call the police department and argue with them about it. However, if there are any factual errors in the report, you should make the police aware of them.
What Should I Tell My Insurance Company?
As little as possible, at least until you’ve had a chance to talk to a car accident lawyer. Although you should let your insurer know about the accident, you can be brief, and you don’t have to talk to them immediately after the accident, just fairly soon. If you can, wait to talk to them until after you’ve spoken with your lawyer – especially if you may have had some fault in the accident. Again, this does not necessarily mean you can’t collect damages, but if you admit to any fault when talking to the insurance company, they could claim you were mostly at fault and use that as an excuse not to pay your claim.
Once I Have a Police Report, Should I File a Claim With the Other Driver’s Auto Insurance?
This is the next step if you believe the other driver was mostly at fault, but you should consult a car accident lawyer first. You’ll want to make sure all your damages are addressed, as many people overlook some costs that should be covered. Your attorney can advise you on when to file a claim, especially if you are still undergoing treatment for your injuries.
If you or a loved one have been hurt in a car accident, the CEO Lawyer Personal Injury Law Firm will be happy to provide a free, no-obligation consultation about your potential claim. We will consider all applicable insurance policies, as well as other options for pursuing compensation. Please contact us as soon as possible, so we can explain your options and answer any questions you have.