How Do You File a Claim After an Accident?

Woman worrying on the car accident.

Georgia is an at-fault auto insurance state, which means you may be entitled to compensation from the other driver if you are involved in a car accident that wasn’t your fault. To recover the money you are owed, you’ll need to understand how to file an insurance claim.

An auto insurance claim is like a formal request to an insurance provider for the money you need to cover your injuries and losses due to a car accident. To learn more about filing a Georgia car accident claim, contact the personal injury lawyers of Sherrod & Bernard, P.C., for a free consultation.

Contact the Police Immediately Following the Accident

Call 911 and ask for an officer to be dispatched to the scene. A police officer can help keep the area safe, summon emergency services, and create a crash report.

Georgia law requires you to report a motor vehicle accident to the police if it results in injury, death, or at least $500 in property damage. In addition, police reports also often contain information that can be extremely useful for your claim.

Hire a Personal Injury Attorney

In most cases, it’s in your best interest to hire a personal injury attorney after a Georgia car accident. A knowledgeable lawyer can help you avoid common stumbling blocks and support your compensation claim by:

  • Answering your questions in a free consultation – The attorneys of Sherrod & Bernard, P.C., offer free initial case reviews. You can get a professional evaluation and answers to your most important questions at no cost or obligation to you.
  • Working on a contingency fee basis – Our firm works on a contingency basis, which means you pay us nothing unless we win compensation for you in a settlement or favorable verdict. We can start on your case immediately with no up-front or out-of-pocket fees.
  • Conducting an independent investigation – Your personal injury lawyer will investigate the car accident independently to uncover valuable evidence and build a strong case.
  • Communicating with others on your behalf – Your attorney can communicate with other drivers, insurance companies, and lawyers on your behalf. This can help you avoid damaging your case with statements that could be taken out of context, twisted, and used against your claim.
  • Consulting with expert witnesses– Lawyers frequently work with medical providers and accident reconstruction specialists who can provide expert insight into the causes and effects of an accident.
  • Negotiating aggressively to maximize your compensation – Good attorneys are experienced negotiators who won’t be afraid to stand up to big insurance companies trying to minimize your claim.
  • Representing you in court, if necessary – If the insurance company refuses to agree to a reasonable settlement, your attorney can help you take them to court and sue for the compensation you deserve.

Properly Notify All Potential Insurance Carriers

One of the most important steps you can take after a car accident is to provide proper notice to all potential insurance carriers. This includes the at-fault driver’s insurance company and providers of medical payment, uninsured motorist, and underinsured motorist coverage on your auto policy.

Most insurance policies involve contracts that require you to notify the insurance company within a specific time after an accident. If you fail to keep up your end of the contract, you may lose your legal right to demand money from the insurer.

You should always speak with a lawyer before you contact any insurance providers after an accident. An attorney can help you calculate the value of your claim, draft a letter to the insurance companies, and avoid damaging statements.

What You Shouldn’t Say to Your Insurance Company After an Accident

Even if insurance adjusters sound like they’re on your side, the truth is they work for large corporations that are out to make money. This means every time you speak to a representative from any insurance company, you can bet they’ll be listening carefully for any reason to deny or minimize your claim and protect the company’s bottom line.

Be wary of what you say to insurance companies after a car accident, and be sure to avoid:

  • Making statements right after the crash – It will likely take a while for you to process what happened after a crash. Give yourself time to recover before you contact the insurance company or make any statements.
  • Providing opinions or estimates – If you don’t know the answer to a question, it’s okay to admit that you just don’t know. Avoid trying to provide estimates or uninformed opinions.
  • Apologizing or admitting fault – Do not say you are sorry, admit to any wrongdoing, or discuss your opinions regarding who caused the crash.
  • Telling them you feel fine – Symptoms of some car accident injuries may not appear for days or even weeks until after a crash. If you’re on record saying you don’t feel injured, the insurance company could use that as an excuse to deny legitimate future injury claims.
  • Accepting a settlement without talking to an attorney – Insurance companies often make low-ball offers early on to avoid paying their fair share. An attorney can help you determine whether a settlement is reasonable and negotiate further, if necessary.

How Long After a Car Accident Can You File an Insurance Claim?

While there’s no legal time limit to file an insurance claim, most policyholders are required to file accident claims within a specific time per their contracts. It’s also important to note that personal injury lawsuits are subject to a two-year deadline in Georgia.

This means that if you need to take your insurance claim to court, you must do so within two years of the date of the accident. If you fail to file before the two-year deadline expires, you will lose your right to demand compensation in a lawsuit. Only a few narrow exceptions could extend the statute of limitations on a car accident claim.

Contact a Georgia Car Accident Attorney Today

If you suffered injuries in a Georgia car accident caused by someone else’s negligence, you have the right to hold them financially accountable for your losses. Contact the experienced car accident attorneys of Sherrod & Bernard, P.C., today for a free consultation to learn more about how we can help.

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Author: Ken Bernard

Kenneth R. Bernard Jr. serves as the Managing Partner of Sherrod & Bernard, P.C. A native of Douglas County, Kenneth earned both his undergraduate and law degrees from the University of Georgia. He then served his country as a Judge Advocate General in the U.S. Marine Corps, attaining the rank of Captain during Operation Desert Shield and Operation Desert Storm. After his service, Ken returned home and joined forces with John Sherrod to launch Sherrod & Bernard, P.C., a law firm with a mission of providing superior legal services with a neighborly touch. In addition to his practice, Ken has served on several boards and committees, including three terms as Chairman of the University System of Georgia Foundation, Inc.