Car accidents are stressful, and what you do in the moments after can significantly impact your ability to recover compensation. While it may seem obvious who’s at fault, proving it is a different challenge. Avoid these common mistakes to protect yourself and strengthen your case.
1. Not Calling the Police
Even if the accident seems minor, always call the police. Having an official accident report is crucial when dealing with insurance companies and proving fault. In Georgia, the law (O.C.G.A. 40-6-273) requires you to report any accident involving injury, death, or property damage.
Insurance companies often deny claims if there is no police report. Some officers conduct thorough investigations, but others may not. That’s why you should also gather your own evidence—take photos of the accident scene, vehicle damage, and any visible injuries. If possible, get contact information from witnesses, as their statements can help establish what really happened.
2. Admitting Fault or Apologizing
Never admit fault or apologize—this can be used against you. Even a simple apology can be taken out of context by witnesses, police body cameras, and insurance companies to shift blame. Georgia follows a modified comparative negligence rule (O.C.G.A. 51-12-33), meaning if you’re found 50% or more at fault, you can’t recover damages. Let the police, insurers, and your lawyer handle fault determination. Stick to the facts.
3. Delaying Medical Attention
Some injuries, like whiplash or internal bleeding, don’t show symptoms immediately. Waiting too long to see a doctor weakens both your health and your legal case. Insurance companies often deny claims if medical care isn’t sought within 24 hours.
Under Georgia’s personal injury statute of limitations (O.C.G.A. 9-3-33), you have two years to file a claim, but insurance companies use delays in treatment to argue your injuries weren’t serious or were unrelated to the accident.
If you visit a hospital, notify them of your health insurance immediately. Without it, hospitals may file a lien on your injury settlement (O.C.G.A. 44-14-470), potentially costing you more in medical expenses.
4. Failing to Gather Evidence
Even when fault seems obvious, the other driver may lie to the police or their insurance company. If they claim they had the right of way and there are no witnesses or video evidence, your case could become much harder to prove. Don’t rely on the other driver to be truthful—gather as much evidence as possible at the scene.
The strength of your case depends on the evidence collected early on. While some officers conduct thorough investigations, others may rush the process. Take matters into your own hands:
- Photograph everything—the scene, your car, the other vehicle, traffic signals, and any visible injuries.
- Get witness contact information—a neutral third party can be invaluable if the other driver disputes fault.
- Check for cameras—nearby businesses or traffic cameras may have footage of the accident.
5. Accepting a Settlement Too Soon
After an accident, insurers often make lowball settlement offers to close your case quickly and cheaply. Once you accept, you can’t ask for more—even if you later discover serious injuries or long-term complications.
Insurance adjusters are trained to minimize payouts and may mislead you. Our attorneys used to work for insurance companies—we know their tactics and how to fight back. A fair settlement should cover medical expenses, lost wages, pain and suffering, and future costs.
Get Legal Help Now
Determining fault in a car accident isn’t always straightforward, and proving it requires strong evidence. At Morrison & Hughes, we specialize in investigating accidents, preserving evidence, and building strong cases for our clients.
At Morrison & Hughes, we fight for accident victims across Georgia. Whether you’re in Marietta, Alpharetta, Hiram, LaGrange, or Fayetteville, we know how to maximize your claim.
