Everyone’s guilty of this driving infraction at least once in their lives. You take your eyes off the road, remove your hands from the steering wheel, or simply let your mind wander. Any time you’re not completely focused on your driving, you’re essentially breaking the law. You’re probably guilty of distracted driving and this is putting others at risk.
While the common causes of distracted driving accidents in Georgia vary, the steps for recovering compensation remain the same. If your accident is caused by a distracted driver, here’s what you should know about filing a personal injury claim.
The Peach State has some pretty strict laws about reporting vehicle collisions. The law even goes so far as to require you to use the quickest means of communication to alert the authorities.
Any traffic accident resulting in injuries, fatalities, and/or property damage exceeding $500 must be immediately reported. Nope, there aren’t any exceptions, this is state law. Failing to report the collision can result in hefty fines and even jail time.
Even though it can be a pain waiting around for the authorities, it’s worth the annoyance. Reporting the accident starts the documentation process, and this is crucial for the success of your potential personal injury claim. You’re going to need to give the insurance company a copy of your accident report. The only way to get this document is by reporting the collision.
Your accident report is usually ready for pickup within about ten business days. You can easily get a copy online, just be ready to pay the nominal fee.
There’s nothing more important than your health. Before you think about exiting your vehicle, assess yourself for any injuries. This way you know to alert the 9-1-1 operator if you need ambulatory services or just the police.
If it’s safe to exit your vehicle. Go ahead and check on everyone else. Find out if they need emergency medical services.
Even if you think you’re fine, don’t say anything. You may have internal injuries and these can take time to start showing signs and symptoms. Even a whiplash injury can take a bit before you start feeling the discomfort. Announcing your injury-free can make it harder to recover compensation if it turns out you need medical care.
What you always should do is make an appointment with your healthcare provider. This way, if you sustain injuries you’re ready to include these damages in your accident claim.
Obviously, if your injuries are severe this isn’t something you can take care of. Don’t worry, the authorities, insurance adjusters, and your injury attorney can handle the investigation.
With that being said, you may also be able to lend a hand. If you aren’t hopping into an ambulance, grab your smartphone. You’re going to use the camera app to document some evidence. Be careful you’re not getting in the way of the professionals. You’re trying to help support your accident claim, not make it harder for the authorities to do their jobs.
Take some pictures of any damage to your vehicle. If you have non-serious visible injuries, go ahead and take a few snapshots. You can add these to your medical records. Sometimes, insurance adjusters can better evaluate your injuries when they can refer back to pictures. Try to get a shot of the position your vehicle ended up in after the accident. If fault comes into question, your vehicle’s position can help establish liability.
Check the area for any traffic and surveillance cameras. There’s a good chance there’s at least a doorbell camera around. Make a note of the cameras' locations and pass it on to your personal injury attorney. Your accident lawyer can subpoena the footage.
You should also get contact information from any witnesses. Keep your conversation brief. You don’t want to say anything that may make it easier for the insurance company to contest your injury claim.
Filling a personal injury claim is a lot more involved than simply filling out a couple of forms. You’re going to need to provide plenty of evidence to support your listed damages. Hopefully, you’re keeping all of your paperwork in a folder or at least in the same place. You don’t want to lose any documents or leave them out of your claim. All this does is drag the claim process even further out.
The type of evidence you need depends on your claim but some things are pretty common. You’re going to need a copy of your accident report, along with your medical records. Any bills and receipts relating to your accident, also need to go with your claim. This can also include any property repair/replacement estimates. If you’re claiming lost income, grab your pay stubs. You may also need a letter from your employer.
The insurance company is going to want to know the true value of your claim. This means you can’t send an estimate or just guess at the value of your damages. The insurance adjuster also isn’t going to take care of this step.
Figuring out your economic damages is pretty simple. Just total up all of your bills, receipts, and estimates. Your non-economic damages like pain and suffering are a little different. Since you don’t have a bill for your mental anguish, you need to use either the multiplier or per diem method. Both formulas are accepted by the insurance company so you can use either one. However, a good tip is to go with both. This way you’re ready with a counteroffer if the first one is denied.
You may think you’ve got everything under control with your Georgia personal injury claim. This may even be true, but are you sure you want to take on the insurance company by yourself? Working with an experienced personal injury attorney in Georgia can simplify the legal process and help ensure you can recover compensation after your distracted driving accident.
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