Georgia Car Accident Laws: Complete Legal Guide 2025 | Know Your Rights | The Wilson PC

Step 1: Report to YOUR Insurance (Within 24 Hours)

Why report to your insurance first:

• Required by your policy (usually 24-48 hours)

• Protects your coverage

• Your insurance can advise on process

• May activate coverage like MedPay or UM/UIM

What to tell them:

• Date, time, and location of accident

• Other driver's basic information

• Brief description: "I was rear-ended at stoplight"

• That you're seeking medical attention

• NOT a detailed recorded statement yet

Script: "I'm calling to report I was in an accident on [date] at [location]. I'm still being evaluated medically and will provide a complete statement after consulting with my attorney."

Step 2: Gather All Documentation

Before filing claim, collect:

Accident Documentation:

• Police report (request from department or BuyCrash.com)

• Photos of all vehicle damage

• Photos of accident scene

• Photos of your injuries

• Witness contact information

• Your written account of accident

Medical Documentation:

• All medical bills and invoices

• Medical records and doctor's notes

• Prescription receipts

• Physical therapy records

• Future treatment plans

• Doctor's prognosis and restrictions

Financial Documentation:

• Pay stubs showing lost wages

• Letter from employer about time missed

• Tax returns (if self-employed)

• Receipts for out-of-pocket expenses

• Rental car receipts

• Transportation costs to medical appointments

Insurance Information:

• Your insurance policy and declarations page

• Other driver's insurance information

• Any correspondence with insurance companies

Keep organized records – insurance will request these multiple times.

Step 3: Contact the At-Fault Driver's Insurance

When to contact them:

• After getting police report (5-10 days)

• After initial medical evaluation

• After consulting with attorney (recommended)

What they'll ask:

• Your contact information

• Details about accident

• Description of injuries

• Request for recorded statement

• Medical authorization release

What to provide:

• Basic contact information only

• Copy of police report

• Photos of damage

What NOT to provide:

• Recorded statement (yet)

• Medical authorization (yet)

• Social media access

• Tax returns or personal financial info

Say this: "I'm willing to cooperate but need to consult my attorney before providing detailed information. Please send me claim information in writing."

Step 4: The Adjuster's Investigation

Insurance adjuster will:

• Review police report

• Inspect vehicle damage

• May interview other driver

• May interview witnesses

• Research your medical history

• Check your social media

• Determine fault and liability

• Estimate value of claim

During this phase:

• Continue medical treatment

• Document everything

• Don't post on social media

• Don't give statement without attorney

• Don't accept settlement offers

Timeline: Investigation takes 2-8 weeks typically

Step 5: Demand Letter and Negotiation

After reaching maximum medical improvement (MMI):

Your attorney sends demand letter:

• Details of accident and liability

• Complete medical records and bills

• Lost wage documentation

• Pain and suffering description

• Total demand amount with breakdown

• Deadline for response

Insurance company responds:

• May accept liability and make offer

• May dispute liability

• May request more information

• Often makes low initial offer

Negotiation phase:

• Counter-offer back and forth

• May take weeks or months

• Attorney knows fair value

• Most cases settle during this phase

Step 6: Settlement or Lawsuit

If acceptable settlement reached:

• Review settlement agreement carefully

• Understand what you're releasing

• Ensure all parties included

• Sign release and receive check

• Case closed – cannot reopen

If settlement negotiations fail:

• Attorney files lawsuit before statute of limitations

• Discovery process begins

• Depositions and document exchange

• Mediation attempt

• Trial if necessary

Most cases settle before trial, but insurance companies offer more when they know you're willing to go to court.

Step 7: Receiving Your Settlement

Settlement check typically made out to:

• You and your attorney

• Both must endorse

Attorney deducts:

• Attorney fees (33.3% or 40% depending on lawsuit filing)

• Case expenses (expert fees, court costs, records)

• Medical liens (providers with right to repayment)

• You receive remaining balance

Timeline: Check usually arrives within 2-6 weeks after signing release.

Understanding their tactics helps you protect yourself.

How Claims Adjusters Are Trained

Insurance adjusters are professionals trained to:

• Minimize claim values

• Find reasons to deny claims

• Shift blame to you

• Identify inconsistencies in your story

• Use your words against you

• Close files quickly with low payouts

Performance metrics:

• Evaluated on money saved for company

• Bonuses for keeping payouts low

• Promotions for closed files

• Measured on "savings ratio"

They are NOT your friend, even if they sound nice and concerned.

Investigation Methods

What adjusters do:

Review Your Social Media:

• Facebook, Instagram, Twitter/X, TikTok

• Looking for posts showing activities

• "I'm feeling better!" = not really injured

• Vacation photos = exaggerating disability

• Any posts about accident

Search Public Records:

• Previous claims history

• Prior accidents and injuries

• Criminal background

• Bankruptcy filings

• Any negative information

Interview Witnesses:

• May get different story than yours

• Looking for inconsistencies

• May interpret witness statements negatively

Obtain Your Medical Records:

• Look for pre-existing conditions

• Find other possible causes of injuries

• Identify gaps in treatment

• Review past medical complaints

Conduct Surveillance:

• Private investigators follow you

• Video you doing physical activities

• Watch your house, work, gym

• More common in high-value claims

Analyze Damage:

• Independent damage appraisers

• May argue damage inconsistent with injuries

• "Low impact" defense in rear-end cases

File Management Strategy

Adjusters categorize claims:

"Soft" Claims (Target for Low Settlement):

• Unrepresented claimant (no attorney)

• Minor injuries or soft tissue only

• No consistent medical treatment

• Claimant seems desperate for money

• Strategy: Quick low offer

"Hard" Claims (Take More Seriously):

• Represented by attorney

• Serious documented injuries

• Consistent medical treatment

• Attorney known to go to trial

• Strategy: More reasonable negotiation

This is why having an attorney matters – it changes how insurance classifies and handles your claim.