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Georgia Car Accidents and Your Rights
If you have been a victim of a car accident, you are likely familiar with the process of filing an insurance claim for property and personal damage. But what if that isn’t enough? The Law Offices of Matthew C. Hines can help you navigate Georgia car accident laws to obtain maximum compensation.
Immediately Following a Car Accident
Contact the police to file a report after an accident. An accurate statement documented by police can be used by insurance companies and judges when determining financial responsibility.
Accident victims frequently decline seeking medical attention following an accident because they “feel fine”. After the shock of the accident wears off, victims commonly experience pain. For this reason, seek medical attention and care the day of the accident. Not only can doctors begin treatment caused by the accident, but injury documentation can help your settlement case.
Before the vehicles are removed from the accident scene, photo-document all involved vehicles. Additionally, obtain names and phone numbers of witnesses.
Benefits of Hiring an Attorney
Insurance companies have teams of attorneys evaluating your claim. Their goal is to pay out as little as possible. Retaining your own experienced personal injury attorney levels the playing field. When injury victims handle their owns claims, insurance carriers typically offer a minimum settlement amount. Accepting an initial offer may be a mistake since the full extent of your injuries or lost work time may not be realized for weeks.
We have all seen on TV when a person is read their Miranda rights. “Anything you say can and will be used against you.” The same concept applies when dealing with insurance companies. Insurance companies are eager to gain an initial statement from you that may be incomplete. By obtaining an attorney to represent your interests, all communication will transpire directly between the insurance company and your attorney. Your attorney can gain a full picture of your current and future situation before making a statement to the insurance company.
Furthermore, an attorney can help you fight any initially denied claims.
At-Fault State
Georgia is an at-fault state when determining who is responsible for causing an accident. Proper on-the-scene documentation, police reports, and your own attorney can help determine who is at fault. The driver is than more is 50% responsible for the accident is deemed at-fault.
Injured parties may sue the guilty (at-fault) driver for full damages include medical costs, lost wages, and pain and suffering. Georgia law prohibits the at-fault driver from seeking damages from the other driver.
Georgia Statue of Limitations
- Car accident injury: Drivers, passengers, motorcyclists, or even pedestrians that have been injured by another vehicle have two years from the date of the accident to file a lawsuit.
- Wrongful death lawsuit: Family members can file for a wrongful death lawsuit with two years of the date of death caused by a vehicular accident.
- Vehicle damage: Victims have four years to file a lawsuit for “injuries to personalty”. This includes property such as your vehicle or belongings that damaged in your vehicle during the accident.
NOTE: The time to file a claim with an insurance company differs from the statute of limitations to bring a lawsuit. Insurance companies typically require that a claim be filed “within a reasonable time” following the accident.
CONTACT OUR AUTO INJURY ATTORNEYS
If you are a victim of a serious car accident, contact the Law Offices of Matthew C. Hines at (770) 941-0913 for a free consultation. We are committed to helping you receive the compensation that you need and deserve. #youareimportant
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