The minutes and hours following a car accident are some of the most important for your health and for any personal injury claim you may later pursue. The decisions you make at the scene and in the days afterward can either strengthen your case or give the insurance company ammunition to reduce or deny your compensation. Many accident victims, understandably shaken and overwhelmed, make avoidable mistakes that hurt their claims — from failing to call the police to giving recorded statements to an insurance adjuster before consulting an attorney.
This guide walks you through the steps you should take after a car accident in Georgia to protect yourself physically, legally, and financially.
Step 1: Stop and Check for Injuries
Georgia law requires drivers involved in an accident to stop at the scene. Under O.C.G.A. § 40-6-273, any accident resulting in injury, death, or property damage of $500 or more must be reported to law enforcement immediately. Leaving the scene of an accident involving injuries is a criminal offense that can result in felony charges.
Once you have stopped, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Do not attempt to move someone who may have a spinal cord injury unless they are in immediate danger from fire or oncoming traffic.
Even if you feel fine at the scene, be aware that many injuries; including soft tissue injuries, concussions, and internal injuries, may not produce symptoms for hours or days after the impact.
Step 2: Call the Police
Always call the police after an accident, even if the damage appears minor. A police report creates an official record of the incident that documents the time, location, and circumstances of the crash, identifies the parties and witnesses involved, records the responding officer’s observations and preliminary assessment of fault, and notes any citations issued at the scene.
The police report is one of the most important pieces of evidence in a personal injury claim. Without one, the accident becomes a matter of your word against the other driver’s, which makes it significantly harder to establish liability.
Step 3: Exchange Information
While waiting for police to arrive, exchange the following information with the other driver: full name and contact information, driver’s license number, insurance company name and policy number, vehicle make, model, color, and license plate number. If there are passengers in the other vehicle, get their names and contact information as well.
Be polite and cooperative, but do not discuss fault or apologize for the accident. Even a casual statement like “I’m sorry, I didn’t see you” can be used against you later by the insurance company.
Step 4: Document the Scene
If you are physically able, use your phone to take photographs and video of the accident scene from multiple angles. Important things to capture include damage to all vehicles involved, the position of the vehicles on the road, skid marks, debris, and road conditions, traffic signals, stop signs, and road markings, weather and lighting conditions, any visible injuries you or your passengers have sustained, and the other driver’s license plate and insurance card.
Also collect the names and phone numbers of any witnesses. Independent witness testimony can be invaluable if fault is disputed.
Step 5: Seek Medical Attention
This is one of the most critical steps, and it is the one accident victims most often neglect. Even if you feel fine, you should see a doctor within 24 to 48 hours of the accident. Many injuries; including brain injuries, herniated discs, and whiplash, have delayed symptoms that may not appear until days after the crash.
Seeking prompt medical attention serves two purposes. First, it ensures that any injuries are identified and treated early, which improves your health outcomes. Second, it creates a medical record that directly connects your injuries to the accident. If you wait days or weeks before seeing a doctor, the insurance company will argue that your injuries were not caused by the crash or are not as serious as you claim.
Follow your doctor’s treatment plan completely. Attend all follow-up appointments, complete prescribed physical therapy, and take medications as directed. Gaps in treatment are one of the most common reasons insurance companies reduce or deny personal injury claims.
Step 6: Notify Your Insurance Company
Report the accident to your own insurance company as required by your policy. Provide basic facts: the date, time, location, and a brief description of what happened; but avoid going into extensive detail or speculating about fault. You are not required to give a recorded statement to your own insurer immediately, and you are not required to speak with the other driver’s insurance company at all without an attorney present.
Step 7: Be Careful With the Other Driver’s Insurance Company
The other driver’s insurance adjuster may contact you quickly after the accident, sometimes within hours. They may sound friendly and concerned, but their goal is to minimize what the insurance company pays on your claim. Common tactics include asking for a recorded statement where you may inadvertently say something that hurts your case, requesting that you sign a medical authorization that gives them access to your entire medical history, offering a quick settlement that does not account for future medical costs or pain and suffering, and asking leading questions designed to get you to downplay your injuries or accept partial fault.
You are under no obligation to speak with the other driver’s insurance company, and it is generally advisable not to do so until you have consulted with an attorney. Our resource on dealing with insurance companies covers these tactics in greater detail.
Step 8: Keep Detailed Records
From the day of the accident forward, keep organized records of everything related to the crash and your injuries. This includes copies of the police report, all medical bills and records, receipts for prescriptions, medical devices, and transportation to appointments, documentation of lost wages from your employer, a daily journal documenting your pain levels, limitations, and emotional state, and all correspondence with insurance companies.
These records form the foundation of your personal injury claim and will be essential for calculating your damages.
Step 9: Consult With a Personal Injury Attorney
The earlier you bring in an attorney, the better protected your claim will be. An attorney can advise you on what to say and what not to say to insurance companies, investigate the accident and preserve evidence, identify all potentially liable parties, handle negotiations on your behalf, and file a lawsuit within Georgia’s statute of limitations if a fair settlement cannot be reached.
If you have been in a car accident in Athens, Duluth, Conyers, or anywhere in Georgia, the attorneys at Burrow & Associates are ready to help. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact us today to discuss your case.
