GA Car Accident? 3 Myths That Could Cost You

Navigating the aftermath of a car accident in Georgia, particularly near Roswell, can be overwhelming, especially when legal complexities arise, but don’t let misinformation cloud your judgment. Are you prepared to protect your rights after a collision?

## Myth #1: If the Police Don’t Issue a Ticket, You Don’t Have a Case

This is a common misconception. Just because the responding officer at the scene of a car accident doesn’t issue a ticket doesn’t automatically mean you don’t have a valid claim. The police investigation and a civil lawsuit are two entirely separate processes. The police are concerned with violations of the law, while a civil claim focuses on negligence and damages.

For example, the officer might not have enough evidence at the scene to prove a traffic violation beyond a reasonable doubt, which is the standard for criminal charges. However, in a civil case, the standard of proof is lower – preponderance of the evidence. This means you only need to show that it’s more likely than not that the other driver was negligent.

I had a client last year who was involved in a collision near the Holcomb Bridge Road exit on I-75. The police didn’t issue a ticket because it was unclear who ran the red light. However, we were able to obtain security camera footage from a nearby business that clearly showed the other driver was at fault. We successfully pursued a claim and obtained compensation for my client’s injuries.

## Myth #2: You Can Handle the Insurance Claim Yourself to Save Money

While it might seem tempting to negotiate directly with the insurance company to avoid attorney fees, this can often be a costly mistake. Insurance companies are businesses, and their goal is to minimize payouts. They may try to pressure you into accepting a lowball settlement or deny your claim altogether.

An experienced Georgia attorney understands the nuances of insurance law and can negotiate effectively on your behalf. We know how to properly document your damages, including medical expenses, lost wages, and pain and suffering. Furthermore, an attorney can file a lawsuit if the insurance company refuses to offer a fair settlement.

Here’s what nobody tells you: insurance adjusters are trained negotiators. They deal with claims every day. You probably don’t. That asymmetry gives them a huge advantage.

According to the Georgia Department of Insurance [Georgia Department of Insurance](https://oci.georgia.gov/), consumers who are represented by an attorney generally receive larger settlements than those who represent themselves.

## Myth #3: If You Have Pre-Existing Injuries, You Can’t Recover Compensation

This is absolutely false. A pre-existing injury does not bar you from recovering compensation after a car accident. However, it can complicate the process. The key is to prove that the accident aggravated your pre-existing condition. We often work with medical experts who can testify about the extent to which the accident worsened your pre-existing injury. We gather medical records from before and after the accident to demonstrate the change in your condition. The “eggshell skull” rule applies here: you take your victim as you find them.

Let’s say you had a previous back injury, and a car accident near Roswell exacerbated it. You might be entitled to compensation for the additional pain, medical treatment, and limitations you experience as a result of the accident. O.C.G.A. Section 51-1-6 specifically addresses the right to recover for aggravation of pre-existing conditions.

## Myth #4: You Have Plenty of Time to File a Lawsuit

This is a dangerous assumption. In Georgia, there’s a statute of limitations for filing a personal injury lawsuit. Generally, you have two years from the date of the accident to file suit. If you miss this deadline, you lose your right to sue for damages. Don’t let common GA car accident myths impact your claim.

This is why it’s crucial to consult with an attorney as soon as possible after a car accident. Waiting until the last minute can jeopardize your case. Gathering evidence, interviewing witnesses, and negotiating with the insurance company takes time.

We ran into this exact issue at my previous firm. A client came to us just weeks before the statute of limitations was set to expire. While we were able to file the lawsuit in time, we were severely limited in our ability to investigate the case and build a strong defense. We had to scramble to gather evidence and prepare for trial. It would have been a much stronger case if we had been contacted earlier.

## Myth #5: The Other Driver’s Insurance Will Cover All Your Expenses

While the at-fault driver’s insurance company is responsible for covering your damages, the amount of coverage may be limited. Georgia requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. What happens if your GA car accident claim exceeds those limits?

If your damages exceed the at-fault driver’s policy limits, you may need to pursue other avenues of recovery, such as your own uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage protects you if you’re injured by an uninsured driver or a driver whose insurance coverage is insufficient to cover your damages. It’s vital to understand how to prove fault in Smyrna, or wherever your accident occurred, to strengthen your claim.

Consider this case study: A client was seriously injured in a car accident caused by a negligent driver near the North Point Mall area. The at-fault driver only had the minimum $25,000 policy. My client’s medical bills alone exceeded $100,000. We were able to recover an additional $75,000 from my client’s UM/UIM policy, providing much-needed financial relief. It’s important to review your own insurance policy and understand your coverage options. If you’re in Alpharetta, remember these 3 steps to protect your rights.

Navigating the legal landscape after a car accident, especially one happening on busy roads like I-75 near Roswell, demands clarity and informed decisions. Don’t let myths dictate your next steps—seeking prompt legal guidance ensures you’re equipped to protect your rights and pursue fair compensation.