Car Accident FAQs

Answers from Georgia Personal Injury Attorneys

After a car accident in Georgia, it’s normal to have more questions than answers. How does insurance work in Georgia? What happens if the other driver was at fault? What if you both are at fault? How long do you have to take legal action? The way you approach these situations can mean the difference between full compensation and leaving money on the table.

At Prieto, DelCampo, Lopez & Marigliano LLC, our car accident lawyers field these questions every day. Below, we’ve compiled answers to the car accident FAQs that our attorneys hear most often, including information specific to Georgia law.

What should I do immediately after a car accident?

Your actions in the moments and days following a crash can significantly affect your ability to recover compensation:

Call 911. Even if the accident seems minor, a police report creates an official record of what happened and who was involved.
Seek medical attention right away. Some injuries, including whiplash, concussions, and internal injuries, don’t produce obvious symptoms immediately. Seeing a doctor promptly protects your health and establishes a medical record tied to the accident.
Document the scene. If you’re able, take photos of all vehicles, the road, traffic signals, skid marks, and any visible injuries.
Exchange information. Get the other driver’s name, contact information, license plate number, driver’s license number, and insurance information.
Talk to witnesses. If bystanders saw the crash, ask for their contact information before they leave.
Notify your insurance company. Report the accident, but be cautious about making detailed statements before speaking with an attorney.
Contact a car accident lawyer. An attorney can advise you on protecting your claim before you say or sign anything that could hurt it.

What should I NOT do after a car accident?

The mistakes accident victims make in the days and weeks after a crash are often just as consequential as the crash itself. Don’t admit fault; even a casual “I’m sorry” at the scene can be used against you later. Avoid skipping or prematurely stopping medical treatment, since gaps in care are a common tool insurers use to cast doubt on the severity of your injuries. Stay off social media; photos, check-ins, and status updates have all been used to undermine legitimate injury claims. Don’t give a recorded statement to the other driver’s insurance company without first speaking with an attorney, and don’t accept a quick settlement offer. Initial offers are rarely adequate, and once you accept, you typically cannot pursue additional compensation.

If I have an auto accident, do I have to stop?

Yes. Georgia law says you must stop, whether the accident involves a pedestrian, a moving car, a parked car, or someone’s property. If you drive away, you can be charged with hit and run even if the accident was not your fault. You must also exchange information with the other driver – your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company, and your insurance policy number (or any other evidence of financial responsibility).

Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail, or both. You could also lose your driver’s license.

If you hit a parked car or any other property, try to find the owner or driver. If you cannot, the law says you may drive away only after you leave behind, in a conspicuous place, your name, address, and an explanation of the accident, and the name and address of your car’s owner (if other than yourself). You also must notify the police either by telephone or in person as soon as possible. You must immediately call 911 and report it to the police if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation.

What information should I gather at the accident scene?

Be sure to get as much correct and complete information as you can at the scene of the accident. You and the other driver should show each other your driver’s licenses and vehicle registrations. Then you should write down:

The other driver’s name, address, date of birth, telephone number, driver’s license number and expiration date, and insurance company.
The other car’s make, year, model, license plate number, and expiration date, and vehicle identification number.
The names, addresses, telephone numbers, and insurance companies of the other car’s legal and registered owners – if the driver does not own the car.
The names, addresses, dates of birth, driver’s license numbers, and telephone numbers of any passengers in the other car.
The names, addresses, and telephone numbers of any witnesses to the accident. Ask them to stay to talk to the police. If they insist on leaving, ask them to tell you what they saw and write everything down.
Try to identify people at the accident scene, even if they will not give their names. For example, if someone who saw the accident drives off, take down his or her license plate number. Law enforcement officials can trace the owner’s name and address.
The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you can get a copy of any accident report.
A simple diagram of the accident. Draw the positions of both cars before, during, and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights, or streetlights.
If you have a camera with you, take pictures of the scene and of the other drivers and occupants.

Make notes, too, on weather and road conditions. If the accident happened after dark, note whether the streetlights were on. Estimate your speed and that of the other vehicle. Be sure to record the exact time, date and place the accident happened.

How long do I have to file a car accident claim in Georgia?

In Georgia, the statute of limitations for personal injury claims is two years from the date of the accident. If you’re filing a property damage claim only, you have four years. Missing this deadline almost always means losing your right to compensation entirely. There are limited exceptions. For example, the timeline can be extended if the injured party is a minor or was mentally incapacitated, but these exceptions are narrow. Regardless of how long you think you have, don’t wait to speak with an attorney.

Is Georgia a no-fault state?

No. Georgia is an at-fault state, which means the driver who caused the accident is responsible for the resulting damages. You can file a claim directly against the at-fault driver’s liability insurance rather than being restricted to your own policy. This also means you have the right to sue the at-fault party if their insurer fails to offer fair compensation.

What damages can I recover after a car accident in Georgia?

Depending on the circumstances of your case, you may be entitled to recover:

Medical expenses — past and future, including emergency care, surgery, hospitalization, physical therapy, and medication
Lost wages — income lost while you were unable to work
Diminished earning capacity — if your injuries affect your ability to work long-term
Property damage — repair or replacement of your vehicle and any personal property
Pain and suffering — physical discomfort and emotional distress caused by your injuries
Loss of enjoyment of life — if your injuries prevent you from participating in activities you valued before the accident
Loss of consortium — compensation for your spouse or family members impacted by your injuries

How much is my car accident case worth?

Every case is different, and there’s no universal formula. The value of your claim depends on factors such as the severity of your injuries, how clearly the other driver was at fault, the insurance coverage available, your long-term prognosis, and how your injuries have impacted your daily life and work. Be wary of anyone who tries to put a quick number on your case before you’ve finished medical treatment. Settling too early can leave you without compensation for complications or ongoing care that emerges later.

How does a car accident insurance claim work in Georgia?

After an accident, you have several avenues for pursuing compensation:

Filing a third-party claim against the at-fault driver’s liability insurance
Filing a first-party claim with your own insurer
Filing a personal injury lawsuit against the at-fault driver if a fair settlement can’t be reached

Most car accident cases resolve through settlement negotiations before reaching trial, but having an attorney who is prepared to litigate often results in higher offers from insurers.

What if the other driver was uninsured or underinsured?

Uninsured and underinsured drivers are a real concern in Georgia. If you’re hit by an uninsured driver or one whose coverage isn’t enough to cover your damages, your own uninsured or underinsured motorist coverage may step in to fill the gap. An attorney can help you identify all available insurance sources and maximize your recovery. If you were involved in a hit-and-run accident and the at-fault driver was never identified, you may also be able to pursue a claim through your insurance, provided you meet certain requirements.

How long will my car accident case take?

The timeline varies widely. Straightforward cases with clear liability and resolved medical treatment may settle within a few months. Cases involving disputed fault, serious injuries, or reluctant insurers can take a year or more, and litigation can extend the timeline further. Your attorney can give you a more specific estimate once they’ve reviewed the details of your case.

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

At Prieto, DelCampo, Lopez & Marigliano LLC, we handle car accident cases on a contingency fee basis. That means you pay nothing upfront and owe no attorney’s fees unless we recover compensation for you. Your initial consultation is also free.

Contact Our Georgia Car Accident Lawyers

If you’ve been injured in a car accident in the Atlanta area, the attorneys at Prieto, DelCampo, Lopez & Marigliano LLC are here to help. Our team has the experience to take on insurance companies, build a compelling case, and fight for the full compensation you deserve at no cost to you unless we win.