A totaled hatchback sitting on a road after crashing into another car.A car accident can happen so quickly that you’re unsure what happened. You may be in pain, forced to deal with medical bills and lost income. On top of that, you might need car repairs while still suffering from injuries that keep you out of work.

As your bills pile up, you try to get help from the at-fault driver’s car insurance company, but they may prove unhelpful. Who can you turn to for help recovering your damages?

A North Decatur Car Accident Attorney May Be Able to Help

Navigating the aftermath of a car accident can be a challenging experience.

Suppose you find yourself facing blame from the other driver or encountering resistance from their car insurance company. In that case, you might be left with the uncertainty of managing medical bills, lost income, car repair estimates, and other related expenses from the collision.

While you might want to contact the car insurance company directly, this approach could potentially exacerbate the situation. Instead, consider seeking assistance from a qualified legal professional who can provide insight into your options for recovering damages after your accident.

We understand that some people are uncertain whether they need legal representation. Or, they may be wrestling with doubts about fault or concerns about affordability.

If this sounds familiar, please reach out to attorney Ali Awad and the CEO Lawyer Personal Injury Law Firm team for a complimentary consultation. We believe everyone should be able to learn their options and legal rights at no charge.

During your free case review, we will address your concerns, consider the details of your case, and explore all potential avenues for securing compensation. If we offer to represent you, rest assured there are no upfront costs—our fee is contingent on winning or settling your case, so you won’t pay us anything until we succeed.

Why Is Determining Fault in a Car Accident So Complicated?

There are a number of reasons why fault is a major concern and a frequently debated issue in car accident cases:

  • The drivers often have differing accounts of what happened. There may be no other witnesses, or the witnesses’ testimonies might vary.
  • If you make a claim on the other driver’s insurance, their insurance adjuster will work to find any reason to reject or reduce your claim. One of the most popular ways to do this is to shift blame onto the injured party.
  • Fault can be divided between parties. Under Georgia law, each driver is assigned a percentage of fault. It’s possible for one party to be 100 percent responsible, but in many cases, both drivers share some culpability.
  • When the other driver admits fault, their insurance company could still claim you also contributed to the crash. Then, they have a reason to reduce your settlement by the percentage of fault attributed to you.
  • Even if fault is shared, there may still be disputes about how fault is apportioned. It’s not unusual for an insurance adjuster to assign a higher percentage of fault to the injured party than they actually had. One of many reasons we recommend consulting an attorney is so you can determine if the insurance adjuster’s assessment is fair. If not, your lawyer can help by negotiating for a more accurate fault calculation.
  • The police investigation of an accident is often minimal. The responding officers will do their best to determine how the accident occurred, including interviewing drivers and witnesses and observing evidence at the scene. However, law enforcement officers frequently have to handle other emergencies, so their time and resources are limited. As a result, there may be additional evidence that doesn’t appear in your police report.

What Can You Do to Prove Fault After a Car Accident?

There are several important steps that will improve your ability to show the other driver was all or at least primarily at fault in your accident. Let’s start with the immediate aftermath of the crash.

Here are some actions you can take at the collision scene to reduce confusion and make it easier for your attorney to build a strong case in your favor:

  • You should not leave the scene of an accident, but you should move your car out of the roadway so as not to block traffic. Find a safe place to pull off the road and carefully park there, then call 911 to report the collision.
  • If you can’t drive your car, turn on your flashers to warn other drivers and explain the situation to the 911 operator.
  • Check yourself and your passengers for injuries, but remember that not every injury produces symptoms immediately—especially after a traumatic event like a car accident. Often, the adrenaline rush can temporarily stifle pain signals, so you may not notice anything is wrong until later. If you find you have any new pains or symptoms a few hours or even days later, please seek medical care right away and let your healthcare provider know about the accident.
  • If you can safely leave the vehicle, check on the occupants of the other car and let the 911 operator know if they need medical attention or other assistance. If necessary, render aid as directed by the operator.
  • If everyone is all right, exchange insurance and contact information with the other driver, but don’t get into a discussion about fault. Sometimes, the other driver may be argumentative or determined to pick a fight. If so, resist the urge to argue with them and return to your car to wait for the authorities.
  • Take pictures with your phone. In addition to capturing the damage to both vehicles, we recommend capturing photos of the road, especially any damage (like potholes), tire marks, or debris from the crash. Don’t forget to take photos of your injuries and a panoramic picture of your whole car (in case there is any additional damage you didn’t notice).
  • Choose your words carefully when you give the police a statement. You should be truthful, but there’s no need to speculate about fault—especially if you think you played a role in causing the collision. We’ve met many people who told the police an accident was their fault, but after reviewing the evidence, we discovered they had little or nothing to do with causing the crash. All you need to do is explain what happened as succinctly as possible.
  • As soon as you’ve received medical care for your injuries and handled any pressing issues at the scene (such as having your car towed), contact a knowledgeable car accident attorney. This will give you the best chance of proving your case and recovering the damages you deserve.

What if the Other Driver Leaves the Scene of the Accident?

Unfortunately, hit-and-run crashes are not uncommon in Georgia. In fact, this state has the fourth-highest rate of fatal hit-and-run crashes. Hopefully, your accident will not be that serious, but the lack of driver responsibility can still present a problem in any collision.

Sometimes, accident victims decide to chase a fleeing driver, but this is not a good idea. You don’t know why the person is fleeing the scene.

It’s possible they are uninsured or don’t want to pay your damages, but it’s also possible they don’t want to deal with the police because they’re wanted for criminal actions. A confrontation could turn violent, and the last thing you need is to suffer further injuries.

Instead, stay at the scene but try to get the other vehicle’s license plate number. Assuming you can’t stay, note the car’s description, especially its make, model, and color, if possible.

Let the 911 operator know what’s happening and provide them with the vehicle description and/or plate number.

If the Hit-and-Run Driver Can’t Be Located, Who Is Going to Pay for My Damages?

If you have uninsured/underinsured motorist coverage (UM/UI), your insurance company should pay for your medical bills and vehicle damage. You’ll need to file a police report, and the insurance company will review the evidence to ensure the other driver was at fault.

Since the other motorist isn’t around to give a statement to the police, disputes about fault are less common in these cases. However, there are occasionally situations where the insurance adjuster questions something in the photos or other evidence.

If there is a problem with your UM/UI claim, your attorney can help by reviewing the available evidence or investigating further.

What if You Don’t Have UM/UI Auto Insurance?

UM/UI is not required in Georgia, but we strongly recommend it—and not just because of the high rates of hit-and-run collisions. Slightly more than 12 percent of drivers in the state are uninsured, and even those who have insurance might have minimal coverage—$25,000 per person for bodily injury liability and $25,000 for property damage liability.

If the at-fault driver is uninsured or underinsured, you could have difficulty recovering compensation even when they remain at the scene. However, you should not give up until you speak with a car accident lawyer.

In some cases, we may be able to recover damages through other options, such as:

  • Suing the driver. The potential difficulty with this option is collecting your damages. If there is strong evidence in your favor, you will likely win in court. But if the driver has no money or assets we can seize, you might be unable to collect on a judgment after spending substantial time fighting your case at trial. For this reason, we don’t advise clients to pursue a lawsuit against another driver if there is no clear path to recovery.
  • Suing a third party. Rarely, another party may have contributed to your accident or injuries. For instance, if an intoxicated driver hits you, it’s sometimes possible to sue a third party, such as a bar or restaurant that served them alcohol before the crash. But you will need to prove the bartender knew or should have known the person was already intoxicated and that they would be driving soon. Another example of a third-party claim might be a defective car component that worsened your accident or injuries.

Unfortunately, the options above are not available in every case, so UM/UI coverage is the most dependable way to ensure you can cover your expenses in an accident with an uninsured driver. We advise purchasing as much UM/UI coverage as you can afford to protect yourself in these situations.

What if the Other Driver Offers to Pay Your Expenses Out of Pocket to Avoid an Insurance Claim?

You should still file a police report about the accident and exchange insurance information with the other motorist. Don’t feel bad—this is necessary to protect yourself and your legal rights after a car crash.

Unfortunately, many people promise to pay for the damage, then change their minds when they receive the bill. They may not want their insurance rates to go up, but you shouldn’t have to pay for their negligent driving, either.

Securing their insurance information and creating a record of the accident ensures you can pursue a claim with the insurance carrier even if the other driver ignores their responsibility.

How Can You Get Help From a North Decatur Car Accident Law Firm?

Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation about your accident. We can assist you with filing a claim or reviewing a claim denial. Additionally, we’ll answer your questions, properly value your claim, and explain your options for recovering damages.

There is no obligation, and if we take your case, you won’t owe us anything until we win or settle it.

Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm only a few short years ago, and it’s now one of the fastest-growing law firms in the country. He and his team have over twenty years of combined experience in personal injury law and have recovered millions of dollars in compensation for injured people and their families.

When he’s not hard at work on a case, Mr. Awad gives no-nonsense legal advice to more than a million followers on social media. Call his expert team of attorneys at (470) 323-8779.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.