Savannah Car Accident Claims: Don’t Lose Your Case

There’s a shocking amount of misinformation surrounding how to file a car accident claim in Savannah, Georgia, and believing these myths can cost you dearly. Are you sure you know the real rules of the road?

Myth #1: If the Police Report Says I Was at Fault, I Have No Chance of Winning a Settlement

This is a huge misconception. While a police report carries significant weight, it’s not the final word on fault in a car accident. Police officers arrive after the fact and piece together what happened based on witness statements and physical evidence. Their opinion is just that – an opinion.

I’ve seen numerous cases where the initial police report was inaccurate. For example, I had a client last year who was involved in an accident at the intersection of Victory Drive and Skidaway Road. The police report initially blamed her for running a red light. However, after reviewing security camera footage from a nearby business and interviewing additional witnesses, we were able to prove the other driver sped up to beat the light, causing the collision. We successfully obtained a settlement for her, despite the initial police report. Remember, you have the right to present your own evidence and challenge the police report’s findings. Don’t give up just because of an initial determination. As new evidence laws change things, it’s important to stay informed. You can read more about new GA evidence law changes here.

Myth #2: I Can Wait as Long as I Want to File My Claim

Absolutely false. Georgia has a statute of limitations on personal injury claims, including those arising from car accidents. Specifically, you have two years from the date of the accident to file a lawsuit. This is defined in O.C.G.A. § 9-3-33.

Waiting longer than two years means you lose your right to sue for damages. This is a hard deadline. Don’t think you can just file “later” if the insurance company is slow. Two years goes by faster than you think. Gather your evidence, seek medical attention, and consult with an attorney as soon as possible after the accident to protect your legal rights. It’s important to protect your rights after an accident.

Myth #3: I Don’t Need a Lawyer; I Can Handle the Insurance Company Myself

While technically true – you can represent yourself – it’s rarely advisable, especially with serious injuries. Insurance companies are businesses, and their goal is to pay out as little as possible. They have experienced adjusters and legal teams working for them. Do you?

They might seem friendly at first, but don’t be fooled. They know the law and tactics to minimize payouts. For instance, they might try to get you to make a recorded statement that they can later use against you. Or they might offer a quick, lowball settlement before you even fully understand the extent of your injuries. A lawyer understands the intricacies of Georgia law and the tactics used by insurance companies. We can negotiate effectively on your behalf and ensure you receive fair compensation for your injuries, lost wages, and other damages. We also know the true value of your claim, something many people underestimate. To avoid common mistakes, see our article on not letting misinformation wreck your claim.

Myth #4: If I Was Even a Little Bit at Fault, I Can’t Recover Anything

This is another common misconception. Georgia follows a modified comparative negligence rule. This means you can still recover damages even if you were partially at fault for the car accident, as long as your percentage of fault is less than 50%. If you are 50% or more at fault, you are barred from recovering any damages.

For example, let’s say you were involved in an accident on Abercorn Street. You were speeding slightly, but the other driver ran a red light. A jury determines that you were 20% at fault for speeding, and the other driver was 80% at fault for running the red light. If your total damages are $100,000, you would be able to recover $80,000 (100,000 minus 20%). But if you were 50% at fault, you get nothing.

This is why determining fault is so critical. The insurance company will try to assign you as much fault as possible. An experienced attorney can investigate the accident, gather evidence, and build a strong case to minimize your percentage of fault and maximize your recovery. If you were involved in an I-75 car accident, here are 3 steps to protect your GA claim.

Myth #5: All Car Accident Cases Go to Trial

The vast majority of car accident cases settle out of court. Trials are expensive and time-consuming for everyone involved, including the insurance companies. Most cases are resolved through negotiation or mediation.

However, insurance companies know which attorneys are willing to go to trial and which ones aren’t. If an insurance company knows an attorney isn’t willing to fight, they will often offer a lower settlement. Having an attorney with a proven track record of success in court can give you significant leverage in negotiations and increase your chances of obtaining a fair settlement. We prepare every case as if it will go to trial, which often leads to a more favorable outcome even if it settles beforehand.

A recent case we handled illustrates this perfectly. A client was rear-ended on I-95 near Exit 99 (the Pooler Parkway exit). The insurance company initially offered a paltry $5,000, claiming the injuries weren’t severe. We filed a lawsuit and aggressively pursued discovery, including depositions of the other driver and expert witnesses. As we got closer to trial, the insurance company increased their offer significantly, eventually settling for $75,000. The key was our willingness to go to trial and prove our case.

Don’t let these myths derail your car accident claim. Seeking legal advice from a qualified attorney is the best way to protect your rights and ensure you receive the compensation you deserve.

Don’t gamble with your future by relying on myths. The best course of action after a car accident in Savannah, Georgia is to speak with an experienced attorney who can evaluate your case and advise you on the best course of action.