Auto and truck Accidents
Insurance carriers are not in the business of paying claims. They are in the business of paying you as little as possible to resolve a claim. Oftentimes, insurance carriers will offer far less than a claim is worth, knowing the injured victim of their insured’s negligence is uninformed. Isenberg & Hewitt has handled hundreds, perhaps thousands of motor vehicle accidents and can help you get all that you are entitled to as the victim of another driver’s negligence.
WHAT TO DO IF YOU ARE IN A CAR ACCIDENT.
- Stop your car and assist anyone who might be injured.
- Call the police.
- Identify yourself to the other driver and get the other driver’s identification.
- DO NOT admit responsibility or liability for the accident. Who is ‘at fault’ is oftentimes not as easy a question as it might seem. Just because the police officer identifies you or the other driver as ‘at fault’, your best move is to politely deny responsibility.
- Look for witnesses and get their names and addresses. If you don’t get them at the scene you possibly never will.
- Take notes. If you can’t take notes at the scene, take them as soon as possible after the accident. If you can’t write the important things down, get someone close to you to do it for you. Memories fade and exactly what someone said or did or exactly where the cars or some object may have been will likely become important later.
- Leave the scene only after you have assisted any injured people at the scene to the best of your ability and after the police have made their report and you have identified the other driver(s) and obtained their names and addresses and the names and addresses of any witnesses. In some jurisdictions, you are required to move you vehicle in order to not block traffic. Safety is the first concern – yours and others on the roadway. If the property damages are relatively minor and you can do so safely, move your car to the side of the roadway.
- IF YOU ARE HURT - SEE A DOCTOR. You should always get ‘checked-out’ by a doctor after an accident. Oftentimes, serious injuries do not become immediately evident. Sometimes it isn’t until the next day or the day after that you feel symptoms develop. You should have yourself checked out right after the accident if possible, but if you didn’t and you feel anything unusual, see your doctor immediately.
- Call your insurance agent. As soon as possible following the accident, you should call your insurance representative and notify them of the accident. Some insurance companies may deny any obligation to pay any benefits if you do not notify them promptly.
REMEMBER. You should not accept responsibility for the accident at the scene. There is ample time after the accident to find out who is at fault. If a person makes a claim against you, you should refer them to your insurance carrier. If you receive a lawsuit, immediately contact your insurance carrier and forward those papers to your insurance company via certified mail. Discuss the claim being made against you only with your insurance adjuster or attorney - not the attorney or adjuster for the other side. If your limits are not adequate for the claim being made against you, you may wish to consult a lawyer in addition to the lawyer provided by your insurance company.
IF YOU ARE MAKING A CLAIM OR EVEN CONSIDERING MAKING A CLAIM, YOU SHOULD CONTACT A LAWYER. The sooner you call, the better off you will be. Your lawyer can provide you with advice and counsel on how to properly respond to questions that will inevitably be asked by adjusters and attorneys representing the at fault driver and your lawyer is the person best prepared to help you recover the appropriate compensation for your injuries.
Auto & Truck Accidents FAQ
What should I do immediately following a car accident?
If you are not severely injured, collect all pertinent information from the other drivers - driver’s license numbers, address, telephone numbers, insurance card information, etc. Keep a daily journal beginning with the date of the accident to document all physical and mental injuries, as well as document your view of the accident. Notify the arriving police officer of the events of the accident that you can recall.
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If I am partially responsible for an accident, can I still make a claim?
In a no-fault state, you and the other driver will collect from your own insurance companies. In a fault state, whether you can make a claim depends on whether the state applies contributory negligence or comparative negligence rules.
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Under contributory negligence rules, you will not recover if you were partially at fault.
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Under comparative negligence, you can recover a portion of your damages if you were partially at fault. For example, if you were 40% at fault, then you would recover 60% of your damages.
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The person who hit me has no insurance coverage. What do I do?
Report the accident to your insurance company. Your insurance policy most certainly has what is called "Uninsured Motorist" coverage, which protects you in cases exactly like this. Your premium, by the way, does not and cannot go up because you make a UM claim.
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Should I take the settlement my insurance company is offering me?
You should not take any settlements offered by an insurance company without first speaking with an experienced Georgia auto accident lawyer. Insurance companies typically offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.
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What issues will I face in making a claim for my injuries sustained in an auto accident?
The three categories of issues that typically arise in a tort claim after an automobile accident are:
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Liability – who is at fault and to what degree
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Damages – injuries or losses that were caused by the accident
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Insurance Coverage – what the insurance company will pay for after an accident
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A claim for injuries usually is based upon carelessness or negligence. In worse case scenarios, it involves an intentional or reckless act.
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I did not feel pain at the scene and refused medical treatment. Now, a few days later I am in pain. What should I do?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress due to personal injuries. You should consult an experienced Georgia car accident attorney to discuss whether you need representation on your claim.
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