What to Do After a Car Accident in Georgia: A Step-by-Step Guide from a 32-Year Trial Attorney

Step 1: Stop and Secure the Scene

Georgia law requires you to stop immediately at the scene of any accident involving injury, death, or property damage. Leaving the scene — even briefly — can result in a hit-and-run charge under O.C.G.A. § 40-6-270, which is a felony if anyone is injured.

If the vehicles are drivable and blocking traffic, move them to the shoulder. Turn on hazard lights. If anyone is injured and it is safe to do so, do not move them — spinal injuries can be worsened by movement.

Step 2: Call 911 — Even for Minor Accidents

Under O.C.G.A. § 40-6-273, you must report any accident involving injury, death, or property damage over $500 to law enforcement. In practice, you should call 911 for any accident regardless of apparent severity.

A police report is one of the most important documents in your case. It establishes the date, time, location, parties involved, witness information, and — critically — the officer's initial assessment of fault. Insurance adjusters and defense attorneys scrutinize police reports closely. The absence of one is used against you.

Do not let the other driver talk you out of calling the police. "We can handle this between ourselves" is almost always a trap.

Step 3: Document Everything at the Scene

While waiting for police, use your phone to document the scene thoroughly. Evidence disappears quickly — skid marks fade, debris gets cleared, witnesses leave.

Step 4: What Never to Say at the Scene

What you say immediately after a crash can be used against you. Insurance companies are trained to find admissions in casual conversation. Avoid these phrases entirely:

Limit your conversation at the scene to exchanging insurance and contact information. Be polite but say nothing substantive about the accident itself.

Step 5: Seek Medical Attention Immediately

Go to an emergency room, urgent care, or your physician the same day — even if you feel fine. This is the single most important step for both your health and your legal claim.

Insurance adjusters are trained to argue that a gap in medical treatment means you were not seriously injured. Every day you wait without medical documentation is a day the defense will use against you. Georgia courts have consistently allowed defendants to argue that delayed treatment undermines the credibility of an injury claim.

Follow all treatment recommendations. Gaps in treatment — missed appointments, ignored referrals — are exploited aggressively by defense counsel.

Step 6: Notify Your Insurance Company — Carefully

You are contractually required to report the accident to your own insurance company promptly. Failure to do so can void your coverage. However, there is a critical distinction between reporting the accident and giving a recorded statement.

Do not give a recorded statement to any insurance company — including your own — before speaking with an attorney.

Recorded statements are taken by trained adjusters whose job is to minimize your claim. Anything you say will be used to lock you into a version of events before you have had time to fully understand your injuries or the full extent of the other driver's negligence.

Step 7: Do Not Accept the First Settlement Offer

Insurance companies routinely make quick, low settlement offers in the days following an accident — before you know the full extent of your injuries or future medical needs. These offers are designed to close your claim cheaply before you retain an attorney.

Once you sign a release and accept a settlement, you permanently give up the right to seek additional compensation — even if your injuries worsen, require surgery, or result in permanent disability. In 32 years of practice, I have never seen a first offer that reflected the true value of a serious injury claim.

Do not sign anything from an insurance company without first having an attorney review it.

Georgia's Modified Comparative Fault Rule

Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. If you are found to be less than 50% at fault, you can still recover damages — but your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing.

This is why insurance companies work aggressively to assign partial fault to injury victims. Every percentage point of fault they shift to you reduces their payout. An experienced trial attorney knows how to counter these tactics and preserve the full value of your claim.