WHAT YOU SHOULD DO IF YOU ARE IN A MOTOR VEHICLE ACCIDENT

• Stay at the wreck scene, call 911, and wait for the investigating officer to arrive.
• If you are injured, remain still until an ambulance arrives, and seek immediate treatment at the emergency room or with your regular doctor as needed.
• If you are physically able, check on other persons involved to see if they are injured and, if so, suggest that they remain still until an ambulance arrives.
• At the wreck scene, if you are physically able, make a point to identify any eyewitnesses to the accident and write down their name and contact information. It is not uncommon for eyewitnesses to leave before the investigating officer gets their information and these witnesses sometimes disappear if you don’t get this information at the scene. This information is important for you regardless of whether the wreck is your fault or someone else’s fault.
• If you happen to have a camera available at the wreck scene, or even a cell phone camera, take photos of the damage to the vehicles and the location of the vehicles if you are physically able to do so, or have someone else do so.
• If you are injured, be sure and tell the investigating officer so that it will be noted on the police report.

• Notify your insurance carrier even if the wreck is not your fault. Most insurance policies have a requirement that you notify them immediately and this could affect both your liability coverage if a claim were asserted against you as well as your ability to recover under your own uninsured or underinsured motorist if the other party has no insurance or does not have enough to compensate you. If you have an umbrella policy, you should put that insurance carrier on notice as well. If you were acting in the scope of your employment you should notify your supervisor and notify your employer’s liability carrier. If you are driving someone else’s vehicle you should notify both the insurer of the vehicle you are driving as well as your own insurer, regardless of who was at fault in causing the wreck.
• Get a copy of the accident report from the investigating agency and send it to any insurer’s involved, and provide a copy to your attorney.

• PROPERTY DAMAGE – DAMAGE TO YOUR VEHICLE
  
  
  • If you have collision coverage under your own policy that covers the physical damage to your vehicle, one option that you have is to settle with your own carrier. One downside to doing this is that your carrier will reduce payment to you by the amount of your deductible.
  • If the wreck was not your fault, and the other responsible party has liability coverage, you should contact that insurance carrier about resolving your property damage claim. The advantage with settling with the other driver’s liability carrier is that you do not have your compensation reduced by the amount of any deductible. In Georgia, you can settle your property damage separately from any personal injury claim without waiving your personal injury claim, unless you sign a full release of both claims or accept a check indicating settlement of all claims. You should always have an attorney look over any checks you receive and any documents you sign to be sure that you are not waiving any additional unresolved claims by either signing or even endorsing a check.
    
    
• PERSONAL INJURY AND WRONGFUL DEATH CLAIMS
  
  
  • PERSONAL INJURY CLAIMS
    
    If you are injured in an accident you need to seek whatever medical treatment that is necessary to make you well or reach maximum medical improvement. It is not advisable that you try and settle your personal injury claim while you are still treating as the insurance carrier involved will require a full release which will bar any further claims if you end up having a more serious problem or additional medical expenses that you did not anticipate. For this reason, it is suggested that you get whatever treatment is needed before settling your claim. However, it is advisable that you go ahead and consult an attorney while treating to advise you about the applicable statute of limitations within which you must file suit and to initiate any needed investigation so that the claim can be asserted at the appropriate time. If you are served with a lawsuit filed against you by another person, you should immediately provide a copy of the suit and any other documents served upon you to your liability insurer(s) and request that they provide you an attorney to defend you and provide liability coverage. It is also recommended that you also consult with your personal attorney to advise you about any excess exposure and any other issues that may arise.
    
    
  • WRONGFUL DEATH CLAIMS
    
    The first issue in connection with a wrongful death claim is determining who has the claim. This depends on a multitude of factors such as whether the decedent was married, has children, or possibly even unborn children. It is recommended that you seek advice from an attorney to assist you in determining who can pursue the wrongful death claim in any given situation. It is also customary to have an estate representative appointed by the Probate Court for the decedent’s estate who can pursue claims for personal injury from moment of impact until death, medical expenses, and burial expenses which is a separate claim from the wrongful death claim. It is typical upon settlement to provide a release to the tortfeasor’s insurer from both the estate representative and the person or persons who have the right to pursue the wrongful death claim. If you are served with a lawsuit filed against you by another person, you should immediately provide a copy of the suit and any other documents served upon you to your liability insurer(s) and request that they provide you an attorney to defend you and provide liability coverage. It is also recommended that you also consult with your personal attorney to advise you about any excess exposure and any other issues that may arise.

• Most attorneys handle injury and death claims on a contingency fee basis which means that they are paid a percentage of your recovery. This percentage can vary depending on the complexity of your case and can vary from case to case. Some law firms charge a higher percentage than others. If you hire an attorney to represent you in connection with a personal injury claim or wrongful death claim on a contingent fee basis the State Bar of Georgia requires that you enter into a written employment contract that specifies the details of the employment and the manner of compensation as well as various other rights and obligations.
  
  The State Bar of Georgia also requires an attorney, upon conclusion of a contingent fee matter, to provide the client with a written statement stating the following:
  
  
  • the outcome of the matter; and
  • if there is a recovery, the statement must show the following:
    • remittance to the client
    • the method of it’s determination
    • the amount of attorney fees; and
    • if the attorney’s fee is divided with another lawyer who is not a partner in or an associate of the lawyer’s firm or law office, the amount of the fee received by each and the manner in which the division is determined.

• It is always advisable to consult with an attorney to determine the applicable statute of limitations for your claim. This is the time period during which you must file suit or your claim is time barred. In the State of Georgia, for most motor vehicle accidents, this time is generally two years although there are exceptions and you should consult an attorney to find out the applicable statute of limitations in your particular case. Factors such as where the accident occurred, the responsible person’s residence location, and where suit is filed, can determine the applicable statute of limitations, as well as the age of the claimant, if a minor. It is not advisable to wait until the statute of limitations has almost expired before you consult with an attorney as this can create difficulty sometimes with locating the tortfeasor, perfecting service, can hinder a proper investigation, and could jeopardize the claim if you wait so long that the statute of limitation is missed. Different States sometimes have different statutes of limitation.

• If you have health insurance, it is usually advisable to submit your bills to your health insurance carrier that arise as a result of injuries sustained in an accident. There are instances when a health insurance carrier may require reimbursement and you should consult with an attorney as whether or not your health insurance carrier has the right to be reimbursed in your situation, although there are some circumstances where the law does not permit this. Likewise, if Medicaid or Medicare is involved there are certain legal obligations you have to reimburse any benefits you receive at the time of your settlement. An attorney can assist you in this as well. Some auto policies have Med-pay coverage available to cover medical expenses as well.

• An attorney can be of great value to you in seeking out all available liability coverages that may exist to compensate you for your claim or that provide liability coverage for claims against you. This could include liability coverage of the other driver, the liability coverage of an employer, umbrella policies, as well as uninsured/underinsured motorist coverage, and it is sometimes necessary to engage in discovery to determine all sources of insurance that may be available to compensate you adequately or to protect you against claims made against you.

• If you receive a traffic citation in connection with a motor vehicle accident it is suggested that you consult an attorney before paying a fine or resolving your ticket. If you plead guilty to the ticket or pay the fine by cash bond or forfeiture, this would be admissible in Georgia as an admission by you that you were negligent. However, a nolo contendre plea or conviction by a Judge or jury is generally not admissible in the State of Georgia in a subsequent civil suit for personal injury or wrongful death.

• The foregoing suggestions apply in most typical situations, although there are sometimes peculiar circumstances that may warrant a different approach or answer. It is suggested that you contact an attorney as soon as possible if you have a claim for personal injury, a wrongful death claim, or claim for property damage, to advise you about the most advantageous approach in your given situation. It is also advisable to consult an attorney if someone has or may assert a claim against you to ensure that you have explored all possible liability coverages and to ensure that proper and timely notifications are made to insurers.