Getting rear-ended in Atlanta’s busy traffic can be a jarring experience. To protect your health, finances, and insurance liabilities, it’s helpful to know what to do after being rear-ended in Atlanta. These 7 steps will help you deal with a rear-end collision and get back on your feet.
Rear-Ended in Atlanta? 7 Steps
It’s okay to feel a little overwhelmed when you get in a rear-end collision. You might be feeling stress, fear, or pain, and those feelings can make it difficult to think properly.
These 7 steps will walk you through the process of dealing with a rear-end accident:
Safety First
Speak with the Other Driver
Collect Photos and Evidence
Figure out Who’s at Fault
See a Doctor
Keep Receipts and Documentation
File an Insurance Claim
1. Safety First
When you’ve been rear-ended, the first thing you need to do is make sure that you and others are safe:
Move to Safety: If your vehicle is still driveable, move it off the road as best you can so you won’t get hit by passing vehicles. If your vehicle is no longer driveable, it might be best to call law enforcement for assistance—they can help secure the roadway.
Check for Injuries: Take care of yourself before you try to help others. If you feel immediate pain, it might be best to call first responders so you can get medical attention as soon as possible. If you’re not feeling any immediate symptoms, then you may want to assist other drivers and help them reach safety (however, you should still seek medical treatment as soon as you can—we’ll discuss this later in the blog).
Call 911 (if necessary): Call first responders immediately if the accident caused significant damage or injuries; Georgia law requires you to call 911 if you’ve been in a serious accident.
Once everyone is out of harm’s way, you’ll need to exchange information with the other driver. If the accident was not too severe, then this might end up being the most stressful part of your day.
This is how you can approach the other driver:
Don’t Apologize: When you’ve been in a car accident, it may be very tempting (especially if you have a bashful personality) to say “sorry” or some other type of apology. Do your best to avoid apologizing, even if you initially think that you caused the accident. Apologizing may imply that you’re responsible for the rear-end collision, which may have insurance complications. It might not be your fault that the accident happened—even if you were driving the rear vehicle. It’s important to review all the factors that caused the crash, and you shouldn’t place yourself at fault before you’ve done that.
Don’t Escalate: Sometimes, dealing with the other driver is the most difficult part of a rear-end collision. If the other driver is angry or upset, avoid saying anything that’s going to make them angrier; be sympathetic and demonstrate that you understand their anger without apologizing. Likewise, do your best to control your emotions, and don’t get hostile. If the situation begins to escalate, it’s best to call law enforcement so they can diffuse tensions and help determine the cause of the accident.
Exchange Information: Once you’ve taken a few moments to let your tense emotions dissipate, exchange information with the other driver: insurance information, contact information, license plate numbers, and driver’s license information.
Rear-end collisions might seem fairly obvious to sort out, but it’s still important to collect evidence that proves how the accident happened. You shouldn’t trust that the other driver will report the accident fairly, nor should you assume that the insurance provider will just take your word for it. When you’re filing an insurance claim, you’ll need to provide evidence that demonstrates the accident happened just as you described it.
Make sure you take the following steps at the accident scene, even for minor rear-end collisions:
Take Photos of Accident Scene: Take photos of the damaged vehicles, the location, and injuries sustained in the accident—anything that demonstrates where, when, and how the accident occurred.
Gather Witness Information: Speak with people who witnessed the accident and get their contact information; if the insurance provider disputes your claim, you may be able to get testimony from these witnesses. Look for nearby buildings that might have recorded the accident on security cameras.
Note the Details: Your memory of the accident may fade over time, so be sure to take detailed notes about where the accident happened, the time of day, details about the other driver, and what you experienced.
But what happens if you did not collect all the information listed here? Would that sink your case?
Not necessarily.
If there’s crucial evidence that you were not able to collect, you can always turn to a personal litigation firm for assistance.
“After being rear-ended, you might feel pain, anxiety, or mental fog and it’s easy to forget to gather certain types of evidence—or you never had the chance because you were injured. Insurance providers can seize upon this. A confident litigation firm, like our team at Schneider Williamson, can help you gather evidence in retrospect to help you secure the compensation you deserve.”
– Jason Schneider, Founding Partner, Schneider Williamson
If you did not cause the rear-end accident, then you will be able to file an insurance claim to get all of your expenses covered.
In Georgia, you can only have your collison expenses covered if you were less than 50% responsible for the accident.
For that reason, you need to determine with certainty whether or not the accident was your fault. In most rear-end collisions, the driver in the rear vehicle is responsible for the accident—Georgia law requires that vehicles keep a safe distance from the car in front of them to prevent rear-end accidents, and this usually falls on the rear vehicle.
However, the rear vehicle is not always at fault. The front vehicle could also be responsible if the driver was ignoring traffic laws or driving recklessly.
If there’s disagreement between you and the other driver, it’s usually best to call law enforcement to the scene; they can help determine who’s responsible for the crash, and get this documented in a police report. This also creates legal documentation of the accident that can help you get a fair insurance settlement.
Most rear-end collisions cause minor damages or injuries (relatively speaking), but it’s always best to get a medical evaluation soon after the accident. There are several reasons why:
Delayed Symptoms: Not every injury causes immediate symptoms. Some injuries, such as whiplash or head trauma, may not cause symptoms for days or weeks following the accident. Furthermore, you might be filled with adrenaline at the accident scene, which can also mask your symptoms. See a doctor after the rear-end collision so you can detect these hidden injuries, and keep in mind that certain injuries require immediate medical treatment for a good prognosis.
Medical Documentation: When you see a doctor after being rear-ended, you can also get medical documentation that the accident caused specific injuries. Sometimes, insurance companies will express doubt that certain injuries were caused by the car accident (naturally, they’ll be more skeptical of injuries that require heftier medical bills). Medical documentation will prove your claims.
Insurance Implications: If you don’t see a doctor after being rear-ended, the insurance company may try to argue that your injuries were not serious enough to warrant your claim.
To successfully file an insurance claim after being rear-ended, you’ll need to keep receipts and documentation of all the expenses you incurred as a result of the accident. These include:
Medical bills
Auto repair costs (including towing)
Lost wages
Miscellaneous expenses (rental cars, transportation while your car is being repaired)
When you submit your insurance claim, the provider will usually ask for proof of all these expenses, so it’s important to keep records of them.
7. File an Insurance Claim
Once your vehicle has been repaired and you’ve accounted for all the expenses that the accident caused, it’s time to file an insurance claim so you can get those expenses covered. You’ll contact your own insurance provider.
Here’s what to expect:
Provide the Details: You’ll need to give details about the rear-end collision, including the date, time, location, and circumstances that caused the accident. You should also provide the insurance policy number of the other driver.
Review Your Policy: Review your own insurance policy as soon as possible after the accident, even if you’re not yet ready to file a claim. In Georgia, most insurance providers require you to file a claim within 90 days of the accident. [That can be problematic if you’re suffering from long-term injuries—we’ll discuss that in the next section.]
Review the Settlement: Eventually, you’ll receive an insurance settlement offer. Most offers usually have an expiration date, but you’ll have some time to decide whether or not to accept the settlement. The settlement should thoroughly cover all your expenses. If the offer is fair, you can accept it and finally put this ordeal behind you. However, you should not accept the offer if it doesn’t totally cover your expenses.
How Atlanta Insurance Companies Handle Rear-End Collisions
Despite your best efforts, the insurance company might not offer a fair settlement. Insurance providers are notorious for looking for ways to get out of paying you what you’re owed. Sometimes, they’ll claim that you didn’t visit a doctor soon after the accident and cast doubt that your injuries were caused by it. Or, they’ll argue that they’re not liable for your miscellaneous expenses, such as lost wages.
The system doesn’t always work for you. If the accident caused a chronic injury that requires months of medical treatment, then it could be a long time before you have a complete understanding of your total medical bills; but insurance companies often require you to file a claim within 90 days, which prevents you from including your total costs.
Unfortunately, many insurance providers bet that you won’t take legal action; most people are wary about getting involved in litigation. They expect most people to take the insurance settlement without protest.
“Car accident victims are afraid of challenging the insurance companies because they think the court process will be tedious and more expensive than it’s worth, but that’s not always accurate. If you choose a strong litigation firm, then you can secure a much stronger settlement than what you thought possible, and a good law firm will do the complex work for you. It’s always worthwhile to schedule a consultation with personal injury attorneys so you can discuss the possible outcomes and make an informed decision about whether to pursue litigation. A consultation never hurts.”
If you were not responsible for the rear-end collision, then you should not be forced to pay for the damages. You should consider reaching out to a personal injury litigation firm such as Schneider Williamson, which can guide you through your legal options and, if necessary, win a fair settlement for you in court.
Our team is experienced in handling car accident cases in Georgia, and we’re happy to schedule a free consultation to review your case.
Schneider Williamson attorneys have a proven track record of results that includes securing six, seven, and eight-figure compensation for clients. Right your wrongs and pursue compensation with Atlanta’s preferred personal injury team.
