Key Takeaways
- Georgia's statute of limitations for car-accident injury claims is two years from the crash date under O.C.G.A. § 9-3-33. Property-damage-only claims have four years under O.C.G.A. § 9-3-32.
- Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33 — recovery is reduced by your percentage of fault and barred entirely at 50% or more.
- According to the National Highway Traffic Safety Administration, an estimated 39,345 people died in U.S. traffic crashes in 2024 — down 3.8% from 40,901 in 2023 and the first year below 40,000 deaths since 2020.
- Uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11 is the primary recovery path when the at-fault driver flees, has no insurance, or carries the state minimum of $25,000.
You never know when you might find yourself on the side of the road with a fresh dent in your car. Unfortunately, about 6 million car accidents occur in the US each year. Chances are, you might find yourself in an auto accident at some point in your life.
One piece of preparation is worth doing before anything happens: know what your own policy covers. Collision coverage pays for damage to your own vehicle regardless of fault, and it is optional in Georgia — plenty of people discover they declined it only after they need it.
It helps to prepare yourself before a crash. In fact, the steps you take immediately after a crash can impact your future. Our complete guide on what to do after a car accident in Georgia walks you through every critical step.
Here are the seven steps to follow after a crash. Following them will cover your bases. You can even gather evidence to fight for the compensation you deserve.
Read on to discover what to do after an auto accident today.
1. Move to a Safe Area Near the Scene
It’s normal to feel confused or disoriented in the seconds after a crash. Try to take a breath and remain calm. It’s important that you react as soon as possible. Contact emergency services immediately after ensuring the well-being of all passengers involved in the accident.
Otherwise, remaining in the middle of oncoming traffic could increase the risk of another crash.
Instead, assess the vehicle. Make sure it’s safe to drive. If the brakes don’t work or fluids are dripping from the car, step away.
The police who arrive at the scene will provide you with further instructions.
If the vehicle is safe to drive, turn on the hazard lights and move it out of the way. Stay near the crash site. The responding officer will want to know exactly where it happened.
While you wait for the police to arrive, make sure to remain at the scene of the crash. Otherwise, you might get into legal trouble by leaving. You don’t want the police to charge you with a hit-and-run.
Depending on the severity of the other party’s injuries, you could face criminal penalties if you flee the scene.
Instead, call the police right away.
In Georgia you are legally obligated to report a crash involving injury, death, or at least $500 in property damage, under O.C.G.A. § 40-6-273 — a threshold a modern bumper can exceed on its own. Filing an official police report will benefit your legal position, too.
2. Assess Your Injuries
While you wait for the police to arrive, take a moment to assess your injuries.
Immediately after the crash, remain wary about moving too quickly. If you experience any neck or back pain, stay put. Wait for help to arrive.
With a possible neck or spinal injury, moving before you have been assessed can make the damage worse. If you or anyone else was badly hurt, call for medical help and wait.
About 4.4 million people are injured severely enough to need medical attention after a crash.
It’s normal for adrenaline to mask the pain you’re in during the initial moments after a crash. In fact, you might not notice the full extent of your pain until days or weeks afterward. With that in mind, it’s important to visit a doctor right away.
Let a medical professional complete a full evaluation. They might send you to a pain specialist or chiropractor, too.
Keep track of your medical expenses, including which doctors you visit. Track the medications you’re on and treatments you receive, too.
Tracking these expenses will ensure you receive the full compensation you’re due. Otherwise, your commercial accident lawyer might struggle to calculate your losses.
3. Avoid Small Talk
As you wait for the police to arrive, try to avoid small talk with the other driver as much as possible.
It’s important that you avoid speaking out of anger. Anything you say could impact the situation in the future. Instead, use the time you spend waiting for the police to come to the scene to gather information.
For example, you’ll need the other driver’s:
Name
Address
Phone number
License plate and license number
Driver’s license
Insurance information
It’s important that you avoid apologizing for the auto accident. Sometimes, an apology is seen as an admission of guilt. Instead, avoid small talk.
If anyone asks about your injuries, say only a medical professional can assess your health.
4. File a Police Report
Once the police arrive, give your statement. The police will file an official police report, which will act as evidence for your claim.
As you give your statement, it’s important that you stick to the facts. Avoid embellishing. Don’t make any assumptions about what happened, either.
The police will make a record of any:
Property damage
Injuries
Deaths
Get the officer's name, badge number, and the incident or report number before they leave. Your car accident lawyer will need this information when building your case. They might want to contact the officer later, too.
Ask the officer if you can get a copy of the police report for your records as well.
5. Gather Evidence
While you wait for the police to arrive, make sure to gather evidence.
First, write down your recollection of what happened. Many people forget small details in the days after a commercial vehicle accident. Writing everything down will ensure you don’t forget any important details.
Note the:
Direction you were driving in
Direction the other driver was headed
Weather and road conditions
Date, time, and location of the crash
Make, model, and year of the other vehicle
Photograph the other driver's insurance card as well as their licence. Georgia verifies coverage electronically, but having the policy number in hand saves a great deal of chasing later.
Take photo and video evidence as well. Your car accident lawyer can use this evidence when building your case.
6. Call Your Employer or Your Insurer
If you were driving for work, or using your own vehicle for business, notify your employer as soon as possible. They will usually have their own reporting procedure and their own insurer involved. Be prepared to provide your employer with the following information:
A detailed description of the accident
The location and time of the accident
The names and contact information of any witnesses
The make and model of the vehicles involved
The extent of any damage or injuries
Your employer may also need to provide you with information about their insurance coverage and any specific procedures for reporting accidents. It’s crucial to follow your employer’s guidelines to ensure that you comply with their requirements and to avoid any potential complications with your insurance claim.
If you were driving a commercial vehicle, contact your manager from the scene and they will tell you what their procedure requires.
Either way, report the crash to your own insurer promptly — most policies require it. Some now handle first notice through an app, so take your photographs before you start the report. Reporting is not the same as giving a recorded statement to the other driver's insurer, which you are entitled to decline.
7. Call an Auto Accident Lawyer
Don’t hesitate to contact an auto accident lawyer after your crash. They can help you fight for the compensation you deserve.
Choose a legal team with years of experience with automobile law. They’ll have a better understanding of the laws that can impact your case.
With their help, you can cover the damages from the crash.
Don’t Crash Your Case: 7 Steps to Follow After an Auto Accident
Knowing what to do after a crash can shape what follows. Keep these seven steps in mind, and report the claim to your own insurer promptly.
One caution on the repair side: the first estimate is the insurer's, and its assessment of value is not the last word. If your vehicle is written off, the figure offered is its actual cash value, and that number is negotiable — as is diminished value on a repaired car.
Eager to discuss your case with an experienced team? We’re here to help.
Contact us today for a free case evaluation.
FAQs
Q1: What should I do immediately after a car accident?
A1: Immediately after a car accident, move to a safe area if possible, assess your injuries, and call the police. It’s important to stay at the scene and gather information from the other driver, including their contact and insurance details.
Q2: Do I need to contact the police after an accident?
A2: In Georgia, yes — reporting is required for any crash involving injury, death, or at least $500 in property damage. In most cases, you should contact the police after an accident. They will file an official accident report, which is crucial for any future insurance claims or legal proceedings.
Q3: How can I gather evidence at the accident scene?
A3: You can gather evidence by taking photos of the vehicle damage and accident scene, noting the details of the incident (like weather conditions and vehicle directions), and writing down your recollection of what happened. Collect the other driver’s information as well.
Q4: Should I apologize to the other driver?
A4: It is best to avoid apologising, or making any statement the other party could read as an admission of fault. Stick to the facts and avoid discussing the accident details until the police arrive.
Q5: How do I make sure I receive the compensation I am owed?
A5: To protect the claim, keep detailed records of all medical expenses, treatments, and lost wages. Consulting with an experienced auto accident lawyer can also help you navigate the claims process effectively.
Q6: What if I don’t feel injured immediately after the accident?
A6: It’s common for adrenaline to mask pain after an accident. Even if you feel fine, it’s important to see a medical professional as soon as possible to evaluate any potential injuries.
Q7: When should I contact an auto accident lawyer?
A7: You should contact an auto accident lawyer as soon as possible after the accident. They can guide you through the legal process, help you gather evidence, and negotiate with insurance companies on your behalf.
Q8: What is actual cash value and why is it important?
A8: Actual cash value (ACV) is the local market value of a totaled vehicle at the time of the accident. It is crucial in determining the compensation you receive for a damaged or totaled vehicle. If there’s a dispute regarding the ACV, an appraisal process can help resolve it.
Frequently Asked Questions
How long do I have to file a car-accident claim in Georgia?
Two years from the date of the crash under O.C.G.A. § 9-3-33 for personal injury and wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32. Missing the deadline almost always bars the claim entirely, even if the at-fault driver clearly caused the crash.
What is modified comparative negligence in Georgia?
Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.
What if the at-fault driver has no insurance?
Georgia requires every auto policy to offer uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11. UM coverage on your own policy pays when the at-fault driver is uninsured, underinsured, or flees the scene. Multiple household policies can sometimes be stacked for higher limits.
Do I need a lawyer for a Georgia car accident claim?
For minor property-damage claims, often no. For any claim involving injuries, missed work, lasting symptoms, or disputed fault, a Georgia personal-injury attorney typically recovers far more than the policyholder would negotiating alone, even after the contingency fee. Initial consultations are free.
