Robert M. Hammers | September 13, 2024 | Car Accidents
In 2021, nearly 400,000 car crashes occurred in Georgia. Only around 7,000 resulted in serious injuries, and a little less than 1,700 resulted in fatalities. Of course, to say “only” is an understatement, though. These accidents still account for the loss of hundreds of lives and an abundance of lives that are forever changed.
Should you ever be involved in a car accident in Georgia, the hope is that no one is seriously hurt and that any property damage is minimal. However, even if that is the case, you will more than likely have to deal with insurance claims and potentially legal action. Regardless of who is responsible for a car accident, the aftermath will typically be similar, up to a point.
If you are found responsible, however, there are some differences in how the process plays out. You typically have less control and may need to respond to actions from other parties. The following is what you should expect after being found at fault for a car accident in Atlanta, GA:
Claims Process
The claims process begins as soon as you or another driver files a claim with any insurance company. While the insurance company for the responsible driver will be responsible for paying compensation to all parties involved in the crash, drivers will typically file a claim with their insurance companies before fault is determined.
Even if you think you were at fault, you should still file a claim with your insurance company. The other driver is certain to file a claim, and it is better if you inform your insurance company of the accident than it is to wait until it contacts you.
Investigation Stage
Before an insurance company can fulfill an insurance claim, it needs to determine what caused the accident and who was behind that action. According to the National Highway Traffic Safety Administration, there are three main causes of at-fault accidents:
Recognition Errors
Recognition errors are the most common cause of traffic incidents, making up nearly 40% of all accidents. These errors occur when a driver fails to look for hazards or is distracted by an external source.
Decision Errors
Common behaviors that lead to decision errors include driving under the influence. People who have been drinking and driving often drive too fast or drive aggressively.
Other common decision errors include the following:
- Trying to beat a red light
- Tailgating
- Ignoring the impact of road conditions (like rain or potholes)
- Violating traffic rules
Altogether, decision errors are the cause of roughly one-third of all accidents.
Performance Errors
Performance errors can be difficult to differentiate from other types of errors, seeing as the driver who makes them recognizes the danger and even determines the correct response. The issue is that they fail to act appropriately.
You might panic or freeze, potentially over- or undercompensating in the process. For example, slamming the brakes might cause an accident in circumstances where just braking normally would have avoided one. But in the heat of the moment, you overreacted. And your error could be the reason that something like a rear-end accident occurs.
Insurance Compensation
While your insurance company will be directly involved with the claim of the other driver, you typically won’t be after the investigation is complete. Any negotiations will take place between the other driver, their lawyer, and the insurance company.
The only way you are likely to be involved is if the other driver doesn’t consider the compensation the insurance company is offering to be sufficient. If that happens, you may become the target of a lawsuit.
Conversely, you will be involved in any compensation your insurance company provides for you. Just because you are at fault doesn’t mean you won’t receive compensation. You should still receive compensation for your injuries, based on your medical policy, and compensation for damage to your vehicle, based on your collision policy.
The big difference between you and the other party, though, is that you are only eligible to receive compensation for economic losses. Assuming you have the right coverage, you can recoup medical costs, vehicle damage, lost wages, and other expenses.
You also have the right to file a lawsuit if you don’t receive fair compensation. In such a situation, you would file a lawsuit against your insurance company. You and your lawyer would then need to convince a jury that the insurance company refused to compensate you fairly for something covered by your policy.
Defendant In a Lawsuit
If you are sued, it probably means that your policy doesn’t cover the full extent of the damages that the other party believes they are entitled to.
If, for example, your policy covers $100,000 in medical expenses and they need twice that amount, the other party can sue you for the difference. Maintaining a large policy can often prevent these types of lawsuits. However, it may still not be enough to avoid a lawsuit if the accident is bad enough.
If you are being blamed for an accident, hire an attorney immediately. Typically, your insurance company will also be a party to the lawsuit, which may help. But you still want to have an independent lawyer.
Long Term Consequences
Unfortunately, even if you don’t face a lawsuit, there will be long-term consequences for being the at-fault party in a car accident. Your insurance company will almost certainly increase your insurance rates. For even a relatively minor accident, you could be paying hundreds or thousands of extra dollars over the next few years.
If the accident is minor enough, you may be able to minimize the impact of this increase. Typically, insurance companies will charge a lower surcharge if only one party in an accident is paid.
Some insurance companies also offer ways to minimize the extra cost for drivers who have not previously been in accidents. You should discuss your options with your insurance agent.
A Personal Injury Lawyer Can Help if You’re Being Blamed for a Car Accident
While being responsible for an accident will usually cost you money, it doesn’t necessarily have to be financially devastating. If you are worried about the consequences of an accident, consider consulting with an accident attorney to see if there are options to protect you from the worst consequences.
Contact the Atlanta Car Accident Lawyers at Hammers Law Firm Today
For more information, contact the Atlanta car accident law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
(678) 605-9838
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
(678) 916-8584
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
(678) 582-8466