What to do After a Car Accident

You’re Home After a Car Accident. Here’s Your Step-by-Step Plan for What to Do Next.

After a car accident in Georgia, the steps you take from home are just as important as what happened at the scene. 

Your priorities are to address your health, document everything methodically, and understand the claims process. 

This involves seeking medical care even for delayed symptoms, organizing all crash-related paperwork, and knowing how to communicate with insurance providers. The process has firm deadlines and requires careful attention to detail, but taking the right steps protects your well-being and your right to pursue compensation for your injuries and losses. Working with an experienced car accident lawyer in Milton, Georgia can give you the guidance you need to navigate the process and secure the compensation you deserve.

If you have a question about your car accident, the team at North Atlanta Injury Law is here to help. Call us at (770)988-4000.

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First, Prioritize Your Health: Why Seeing a Doctor is Your Most Important Step

The adrenaline that floods your system during a crash is a powerful chemical. It effectively masks pain and hides serious injuries for hours or even days. You might feel shaken but otherwise fine, only to wake up the next morning with debilitating pain. 

Common delayed-onset injuries include whiplash, which causes neck pain, stiffness, and headaches, and concussions, which might lead to dizziness, confusion, and memory problems. Internal injuries could also be present without immediate, obvious signs.

Ignoring this pain or adopting a “wait and see” approach is a huge mistake. A gap in time between the date of the accident and your first visit to a doctor gives an insurance company an opening. They may use this delay to argue that your injuries are not a direct result of the crash, but from some other event that occurred in the intervening days. Without a timely medical record, proving a direct link between the accident and the pain you are experiencing becomes a much harder task.

The solution is straightforward: see a doctor as soon as possible.

• Go to the ER, an urgent care clinic, or your primary care physician. Many excellent medical facilities serve the North Atlanta area, including Northside Hospital and Emory Johns Creek Hospital. When you arrive, explain that you were in a car accident. Be thorough in describing every symptom, no matter how minor it might seem at the time.
• This creates a medical record. This document is the official starting point for your injury claim. It serves as powerful, time-stamped evidence that connects your physical condition directly to the collision.
• Follow all medical advice. Attend every follow-up appointment, complete your physical therapy sessions, and fill every prescription your doctor gives you. Doing so not only aids in your physical recovery but also creates a continuous, documented history of your treatment, showing you are taking your health seriously.

Next, Get Your Paperwork in Order: How to Build the Foundation of Your Claim

Now that you are home, begin by gathering the documents and information that will form the backbone of your insurance claim and any potential legal action.

Every piece of paper, every digital photo, and every note you jot down helps to tell the complete story of the accident and its effect on your life. An organized file prevents important details from being forgotten and strengthens your position when you begin communicating with insurance companies. A well-documented claim is more difficult to dispute.

Create a dedicated folder, either a physical one or a digital one on your computer, and start collecting the following items:

• The Police Report: If you did not get the report number at the scene, you typically request a copy from the police department that responded. This might include reports from the Milton Police Department or other local agencies, depending on the circumstances. This report contains an objective account of the incident, including diagrams, witness statements, and the officer’s initial assessment of fault.
• Information Exchanged: This includes the other driver’s name, address, phone number, and their insurance company details. If you took a photograph of their insurance card and driver’s license, print out a copy for your file.
• Your Photos and Notes: Print out any photos you took of the accident scene, the damage to all vehicles involved, and any visible injuries you sustained. While the memory is still fresh, write down everything you recall about the accident. What were you doing right before the crash? Where were you going? What did you see and hear? Did any witnesses stop, and if so, do you have their contact information?
• Medical Documentation: Keep everything related to your medical care in one place. This includes doctor’s notes, discharge papers from the hospital, receipts for prescriptions and medical supplies, and every bill you receive from healthcare providers.
• Proof of Lost Income: If your injuries have caused you to miss work, you will need to document your lost wages. Ask your employer for a letter that details your job title, your rate of pay, and the specific dates you were unable to work because of your injuries. It is also helpful to keep copies of your recent pay stubs.

The First Phone Calls: How Should You Talk to the Insurance Companies?

Before long, your phone will start to ring. On the other end will be an insurance adjuster—perhaps from your own insurance company, and almost certainly from the other driver’s. What you say during these initial conversations significantly shapes the direction and ultimate outcome of your claim.

An insurance adjuster’s role is to investigate the claim on behalf of their employer. While they may seem friendly and helpful, their objective is to resolve the claim in a way that aligns with their company’s business interests. This means they are looking for facts that might reduce the value of a claim. 

With that in mind, here is some guidance on how to handle these calls:

• Don’t: Give a recorded statement. You are not obligated to provide a recorded statement to the other driver’s insurance company. You should politely decline to do so until you have had the opportunity to consult with an attorney.
• Do: Stick to the basic facts. Provide your name, address, phone number, and the date and location of the accident. Confirm that you are receiving medical treatment, but avoid going into detail about your injuries. A simple “I’m still being evaluated by my doctors” is sufficient.
• Don’t: Accept blame or speculate on fault. Simply state what happened from your perspective without admitting any degree of fault. Avoid saying things like “I’m sorry” or “I should have seen them.” Let the police report and the evidence speak for themselves.
• Do: Keep a log of all communications. After each phone call, write down the date, the time, the name of the person you spoke with, and a brief summary of what was discussed. 

You want to ensure the conversation protects your rights without inadvertently damaging your claim. The goal is to provide the necessary information without offering opinions, speculations, or details that could be taken out of context or misinterpreted down the road.

Before you speak with any adjuster, take a moment to prepare. Have your notes and the police report number handy. If you feel pressured, confused, or unsure about how to answer a question, it is always acceptable to end the conversation. You may say, “I’m not able to discuss that right now, but I can have my attorney get in touch with you.” 

Understanding Georgia’s Laws: The Rules That Will Shape Your Case

The “At-Fault” System

Georgia is an “at-fault” state. Simply put, this means the driver who is determined to have caused the accident is legally responsible for the damages that result. This is why the initial investigation, including the police report and witness statements, focuses so heavily on determining who was negligent.

Georgia’s Rule on Shared Fault (Modified Comparative Negligence)

But what happens if an investigation concludes that both drivers were partially to blame? Georgia law has a specific rule for this situation, known as “modified comparative negligence.”

• Here’s what that means: You may still recover damages from the other party as long as you are found to be less than 50% at fault for the accident.
• The 50% Bar: If, however, you are found to be 50% or more at fault, you are barred from recovering any compensation from the other driver. This rule requires a clear and accurate presentation of the evidence that establishes the other driver’s degree of fault.

The Clock is Ticking: The Statute of Limitations

The law also sets a firm deadline for taking legal action. This is called the statute of limitations.

• In Georgia, you generally have two years from the date of the accident to file a lawsuit for personal injuries, according to O.C.G.A. § 9-3-33.
• For claims involving damage to your vehicle or other personal property, the deadline is typically four years.

While two years might seem like a long time, building a strong case—gathering evidence, consulting with experts, and negotiating with insurers—takes time. If you miss this deadline, you lose your right to seek compensation in court forever.

Frequently Asked Questions About Car Accident Claims in Georgia

What if the other driver doesn’t have insurance?

This is where your own insurance policy helps. Uninsured/Underinsured Motorist (UM/UIM) coverage is designed for this exact situation. While it is not mandatory for drivers to purchase in Georgia, insurance companies are required by law to offer it. 

As outlined in O.C.G.A. § 33-7-11, this coverage steps in to pay for your injuries and damages if the at-fault driver is uninsured or does not have enough liability coverage to pay for all of your losses.

Should I accept the first settlement offer from the insurance company?

It is common for an insurance company to make a quick, initial settlement offer. This first offer is just a starting point for negotiations. It may not fully account for the total extent of your damages, especially future medical needs, ongoing lost wages, or your pain and suffering. 

It is wise to have any settlement offer reviewed by an attorney who helps you understand the true, long-term value of your claim before you agree to accept it and sign away your rights.

How much does it cost to hire a car accident lawyer?

Most personal injury law firms, including North Atlanta Injury Law, handle car accident cases on a contingency fee basis. This arrangement means that you do not pay any attorney’s fees upfront. Our firm is only paid if we secure a settlement or a court verdict in your favor. 

The fee is a pre-agreed-upon percentage of the total recovery, so there is no financial risk to you to get legal representation.

What kind of compensation can I pursue?

In Georgia, you may pursue compensation for a wide range of damages. These are typically grouped into two categories. 

• Economic damages are for measurable financial losses like current and future medical bills, lost wages, loss of future earning capacity, and property damage. 
• Non-economic damages are for less tangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Do I still need a lawyer if the accident was clearly the other driver’s fault?

Yes. The issue is not if you get paid at all, it’s if you get fair compensation. An insurance company might agree that their driver was at fault but dispute the severity of your injuries or the reasonableness of your medical treatment costs. 

Let North Atlanta Injury Law Handle the Details

You do not have to manage this complicated process alone. While you focus on your physical and emotional recovery, our firm handles the paperwork, the phone calls, and the legal deadlines. We have years of experience with car accident claims in Georgia. An experienced personal injury lawyer in Milton, Georgia will work to hold the responsible party accountable and pursue the maximum compensation available under the law.

Let us put our experience to work for you. Call North Atlanta Injury Law today for a no-obligation consultation at (770)988-4000.

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