Never Admit Fault in a Gainesville Car Wreck Accident
Even if you think that you were at fault for a car accident, never say so. Apologizing to the other driver following an accident is taking responsibility for the accident and should be avoided.
In taking the blame for the accident, you may be preventing yourself from receiving compensation from insurance. The other driver’s insurance company wants you to admit fault so that they don’t have to pay. Insurance always aims to pay out as little as possible so that they can pocket premiums and maintain high profits.
Statute of Limitations for Car Accident Claims in Gainesville
Car accident claims are governed by a two-year statute of limitations. A statute of limitations is a specific time period for which an injured party is allowed to recover damages. The “clock” usually starts when the accident occurs. This is a short amount of time, so you should pursue an accident claim immediately following a car collision.
A statute of limitations is put into effect so that the courts are not trying a case relying on stale evidence. Evidence may be physical in nature, such as DNA or fingerprint evidence, or testimonial, such as eyewitness statements. No matter the type of evidence, after a lot of time has passed, physical evidence can fade, and witnesses’ memories may become hazy.
At-Fault Status in Gainesville, Georgia
In order to receive compensation from the other driver, you must prove that they are at fault for your accident. Each state has different laws on car insurance, being divided into either “at fault” or “no-fault” states.
Since Georgia is an at fault state, insurance will determine which driver holds primary legal responsibility for the accident. This driver will be liable to cover the other driver’s damages for the amount that they are liable.
Your claim will be filed against the at-fault driver’s insurance, and an insurance adjuster will investigate. The insurance adjuster will probably contact you and may even ask to record your conversations. Speak with your car accident lawyer before saying anything to an insurance adjuster. The adjuster only wants to speak with you to poke “holes” in your side of the story by mitigating the severity of your injuries.
Modified Comparative Negligence
The majority of states have comparative negligence laws, which allow each party to receive compensation based on their degree of fault. Georgia, along with 32 other states, practice modified comparative negligence.
In Georgia’s modified comparative negligence model, if you are more than 50% liable for an accident, you will be barred from receiving compensation for your injuries and other losses.
For example, suppose you rear-end a driver at a traffic light. An insurance investigation reveals that the other driver took an illegal “right on red.” If the other driver is determined to be 60% at fault for the accident, the driver will be barred from recovery. So, if you filed a claim for $50,000, you will only be able to recover $30,000. This is because your claim will be reduced by 40% (your percentage of fault).
Importance of Filing a Police Report
An insurance investigation will rely on pertinent evidence related to the crash and the police report. In Georgia, you are required to file a police report for any accidents that result in injury, death, or $500 or more in property damage.
Since it can be difficult to determine the extent of property damage following an accident, it is recommended that you file a police report if anyone involved was badly injured.
There are penalties in Georgia for failing to file a police report following a car accident. You could face $1,000 in fines, one to five years in jail, and a suspension of your driver’s license. If you flee the accident scene and are later deemed at fault, this is considered a hit-and-run, which carries more severe consequences.
Common Car Accident Injuries in Gainesville, GA.
A car accident victim may suffer any of the following injuries:
Whiplash
A common car accident injury, whiplash happens when your neck is moved in a sudden back-and-forth motion. This inertia can cause the tendons, nerves, and ligaments in your neck to become damaged.
Car accident victims who suffer from whiplash may experience numbness, headaches, tingling, vision problems, and stiffness.
Back injuries
Your back injury may be caused by a herniated disc, bulging disc, spinal stenosis, nerve damage, or muscle strain.
Symptoms may include difficulty standing up straight, pain that worsens with movement, and spasming muscles.
Traumatic Brain Injury (TBI)
Any blow or force to the head may result in brain injury and abnormal brain function. Brain damage can range from mild to severe and may be localized to one area (focal) or may affect different areas of the brain (diffuse).
Symptoms will vary based on the severity and type of TBI but can include confusion, fatigue, headache, difficulty walking, loss of consciousness, and concentration issues.
Gathering Evidence
Your car accident lawyer will put together a demand package to submit to insurance. This will include a demand letter, which will provide information surrounding the accident and will detail your losses, known as damages. For a successful claim, you will need to collect all relevant evidence.
The following types of evidence may support your claim:
- Video surveillance: footage of the accident may be captured by a dashcam, bodycam, redlight camera, or cell phone
- Photographs: pictures taken in the aftermath of an accident can show vehicle wreckage, skid marks, property damage, and your physical injuries
- Eyewitness testimony: witness statements can provide valuable details regarding the collision
- Police report: a police report will include crucial information related to the accident, including the names of the drivers involved in the accident, names and contact information for witnesses, and which driver the police officer determines is liable for the crash
You are not expected to find this information on your own. A car accident lawyer has access to resources for gathering evidence and will be able to assist you in collecting relevant evidence.
How Much Will I Recover in Damages?
The amount you can recover in damages will be based on the worth of your car accident claim. Several factors will be examined:
- The nature and extent of your injuries
- Your ability to return to work
- The extent of medical treatment received
- Your medical expenses and other costs related to the accident
- Your percentage of fault for the crash
Certain decisions will impact what insurance is willing to pay on your claim. For example, if you waited to receive medical treatment following your accident, insurance may claim that your injuries were less serious than you stated.
Additionally, if you put off medical care, the insurance company could also claim that your injuries were from some other incident unrelated to the accident.
Our Car Accident Office in Cumming
Spaulding Injury Law: Cumming Personal Injury & Car Accident Lawyer is located close to you, in Downtown Cumming near UFA Soccer Fields and Cumming Polo Golf & Country Club.
Cumming Personal Injury Lawyers located at 5860 Bond St, Cumming, GA 30040, United States.