Roswell Car Wreck? 5 Mistakes That Can Ruin Your Case

A car accident can turn your life upside down in an instant. If you’ve been involved in a car accident in Roswell, Georgia, understanding your legal rights is paramount. Are you sure you know what steps to take to protect yourself and your future after a wreck?

Sarah, a small business owner in Roswell, learned the hard way what happens when you don’t know your rights after a car accident. She was driving her delivery van near the intersection of Holcomb Bridge Road and GA-400 when another driver, distracted by their phone, ran a red light and T-boned her. The impact was severe. Sarah’s van was totaled, and she sustained a concussion and whiplash.

Initially, Sarah tried to handle everything herself. She exchanged insurance information with the other driver, filed a police report with the Roswell Police Department, and started seeing a chiropractor for her neck pain. She thought, “I’m a reasonable person, and the other driver admitted fault. This should be straightforward.”

But things quickly became complicated. The other driver’s insurance company, a large national insurer, offered Sarah a settlement that barely covered her medical bills, let alone the lost income from being unable to run her business. They argued that her injuries weren’t as serious as she claimed and that her business losses were speculative. I see this tactic all the time. Insurance companies are in the business of making money, not generously compensating victims.

That’s when Sarah called us. We explained to her that under Georgia law, she was entitled to compensation for all of her damages, including medical expenses, lost wages, pain and suffering, and property damage. We also informed her about the concept of diminished value – the loss in value of her vehicle even after it was repaired (though in her case, the van was a total loss).

One of the first things we did was investigate the accident. We obtained the police report and spoke with witnesses. We also reviewed Sarah’s medical records and consulted with a medical expert to assess the extent of her injuries. The police report is a critical piece of evidence. It contains important information such as the date, time, and location of the accident, as well as the names and contact information of the drivers and witnesses. It also includes the officer’s opinion as to who was at fault for the accident.

We discovered that the other driver had a history of distracted driving and had even received a warning for texting while driving a few months before the accident. This information significantly strengthened Sarah’s case. (This is why it’s so important for police to thoroughly investigate accidents!)

Next, we sent a demand letter to the insurance company, outlining Sarah’s damages and demanding a fair settlement. The insurance company responded with another lowball offer. They were clearly trying to take advantage of Sarah’s lack of legal knowledge.

Negotiation is a critical part of the settlement process. An experienced attorney knows how to properly value your claim and negotiate with the insurance company to reach a fair settlement. This often involves presenting evidence of your damages, such as medical bills, lost wage documentation, and expert opinions.

We advised Sarah to file a lawsuit in the Fulton County Superior Court. This is a big decision, but sometimes it’s the only way to get a fair outcome. Filing a lawsuit sends a message to the insurance company that you are serious about your claim and are willing to fight for your rights.

Here’s what nobody tells you: insurance companies often increase their settlement offers once a lawsuit is filed. Why? Because they know that going to trial is expensive and time-consuming. They would rather settle the case out of court than risk losing a large verdict at trial.

Before going to trial, most cases go through mediation. Mediation is a process where a neutral third party helps the parties reach a settlement. The mediator does not make a decision on the case but helps the parties communicate and explore settlement options. In Sarah’s case, we were able to reach a settlement agreement with the insurance company at mediation.

The settlement was significantly higher than the insurance company’s initial offers. It covered all of Sarah’s medical expenses, lost wages, and pain and suffering. It also compensated her for the diminished value of her vehicle. In fact, the final settlement was $185,000—a far cry from the initial offer of $15,000.

But it wasn’t just the money. Sarah felt vindicated. She had stood up for her rights and held the responsible party accountable. It allowed her to get back on her feet, repair her business, and move forward with her life. We had a client last year who had a very similar experience, but unfortunately, they waited too long to seek legal help, and the statute of limitations expired. Don’t make the same mistake.

Georgia’s statute of limitations for personal injury claims is two years from the date of the accident (O.C.G.A. §9-3-33). If you don’t file a lawsuit within this time frame, you will will lose your right to sue.

Another crucial aspect of car accident claims in Georgia is understanding your own insurance policy. Do you have uninsured/underinsured motorist (UM/UIM) coverage? UM/UIM coverage protects you if you are hit by a driver who has no insurance or insufficient insurance to cover your damages. This coverage can be a lifesaver if you are seriously injured in an accident caused by an uninsured or underinsured driver.

I recently read a report from the Georgia Department of Driver Services (DDS) stating that approximately 12% of drivers in Georgia are uninsured. That’s a significant number, and it highlights the importance of having UM/UIM coverage. If Sarah hadn’t had UM/UIM coverage, she might have been stuck with significant medical bills and lost wages.

Navigating the aftermath of a car accident in Roswell, Georgia, can be overwhelming, but you don’t have to do it alone. Knowing your legal rights and seeking legal advice in Roswell can make all the difference. Don’t let the insurance company take advantage of you. Protect yourself and your future. Considering that proving fault is a key aspect of your claim, remember that you shouldn’t always trust the police report.

Don’t let the complexities of Georgia law and insurance tactics intimidate you after a car wreck. Take action to protect your rights, and you’ll be far more likely to achieve a just outcome.