Car accidents are an unfortunate reality on Atlanta’s busy roads. Whether you’re dealing with minor injuries or serious damage, filing a car accident claim can be overwhelming. Many accident victims make costly mistakes because of widespread myths and misconceptions. If you or a loved one has been injured in a crash, understanding the truth about car accident claims can help you navigate the legal process successfully. We have outlined five common myths about Atlanta car accident claims and explained how an experienced Atlanta car accident lawyer can help you maximize your compensation.
Myth #1: You Don’t Need a Lawyer for a Car Accident Claim
One of the most common myths is that hiring an attorney is unnecessary when filing a car accident claim. Some accident victims may consider representing themselves, also known as proceeding “pro se,” in a car accident claim. They believe they can handle the process on their own or that the insurance company will offer them a fair settlement.
The Truth? You need an attorney to get the full value of your case.
While it is technically possible to file a claim without legal representation, it is not advisable and is generally not a good idea. Many accident victims believe that insurers will provide a fair payout that covers all their expenses. However, this is rarely the case. Insurance companies operate as businesses, aiming to minimize payouts to protect their bottom line. They may offer a quick settlement that seems tempting but often fails to cover long-term medical expenses, lost wages, and pain and suffering and leaves you financially vulnerable in the future. Insurance companies hope that if they settle with you quickly, you won’t find out how much you could actually recover. Having legal representation significantly increases your chances of receiving fair compensation for your injuries and losses.
The Complexities of the Legal Process – An Attorney Does this For You
The legal process is complex, and without formal legal training, it is easy to make critical mistakes that could cost you significant compensation. That’s why lawyers are licensed and attend extra schooling- it’s a complicated profession. By attempting to represent yourself you risk filing legal documents incorrectly, missing deadlines, or forgetting to think of important evidence possibilities.
Insurance companies have experienced lawyers and adjusters who know how to exploit legal loopholes and pressure unrepresented claimants into accepting lowball settlements. It’s easy to become their victim when you’re not familiar with their tactics. Representing yourself also means facing aggressive defense attorneys who will scrutinize every detail of your claim, potentially reducing or eliminating your compensation. For many people, this can be an overwhelming experience.
An experienced Atlanta car accident lawyer at our firm can evaluate your case, negotiate with the insurance company, and ensure you receive fair compensation. At Mabra Law our team does the following:
- Tells you the truth about what you claim might be worth. We won’t lie or sugarcoat. We have won thousands of successful awards and can help determine the value of your case based on our experience.
- Launches a full investigation, which includes all the necessary paperwork from medical professionals and police.
- Acts as the main point of contact with the insurance company. We will handle all negotiations and phone calls so you can focus on healing.
- Prepares for and leads trial, if it comes to that.
A seasoned Atlanta car accident lawyer understands the intricacies of Georgia’s personal injury laws, can anticipate defense strategies, and will fight tirelessly to ensure you receive the maximum settlement possible. Ultimately, hiring an attorney provides peace of mind and significantly improves your chances of a successful outcome.
Myth #2: The At-Fault Driver’s Insurance Will Cover All Your Expenses
Many people assume that if they were not at fault for the accident, the other driver’s insurance will cover all their damages without any issues.
The Truth? Insurance companies can make this difficult, leaving you holding the bill.
While Georgia follows an at-fault insurance system, meaning the driver responsible for the accident is liable for damages, securing full compensation is not always easy. Insurance companies may:
- Dispute liability and argue that you were partially or fully at fault.
- Offer a lowball settlement that will leave you holding the bill.
- Delay or deny your claim to pressure you into accepting less money (or to frustrate you to the point where you just give up).
An experienced Atlanta car accident lawyer can help you fight these tactics and ensure you receive the compensation you deserve.
Problems that Arise When the At-Fault Driver Is Uninsured
If the at-fault driver is uninsured, recovering compensation becomes significantly more challenging. Georgia law requires drivers to carry liability insurance, but not everyone follows this rule. If you’re hit by an uninsured driver, you may be left paying for your medical bills, lost wages, and vehicle repairs out of pocket. In such cases, your best option is to rely on your uninsured/underinsured motorist (UM/UIM) coverage, if you have it. However, insurance companies often try to minimize these payouts as well, making it crucial to have an Atlanta car accident lawyer to negotiate on your behalf.
Without UM/UIM coverage, you might have to sue the at-fault driver directly, but if they do not have any insurance (which is more common than you may think), they likely lack sufficient assets to cover your damages. This is the exact reason why we recommend all Georgia motorists carry UN/UM insurance. If you do find you’re caught in a situation of being in an accident with an uninsured motorist who was at-fault, a lawyer may be able to walk you though some alternative scenarios and options to ensure the best outcome for your case.
Myth #3: You Have Plenty of Time to File a Claim
Some accident victims believe they can take their time before filing a claim, assuming they have an unlimited period to pursue compensation.
The Truth? You’re working on a deadline and as soon as it passes you forfeit your legal options for compensation.
Georgia has a statute of limitations for car accident claims (just like every other state). In most cases, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to pursue compensation altogether.
It is just a matter of fact that the longer you wait to file a claim, the harder it may be to gather crucial evidence, such as surveillance footage or witness testimony. Seeking legal guidance from an Atlanta car accident lawyer as soon as possible ensures your case is built on strong evidence and filed within the required timeframe.
Why You Should Never Wait to File a Car Accident Lawsuit
As time passes, key evidence can be lost, and information forgotten. We’re only human and after so much time we lack the ability to recall as well as we did when the accident was fresh in our mind. It is also possible that medical records may be harder to link directly to the accident if too much time has elapsed, giving insurance companies an opportunity to argue that your injuries were caused by something else.
Additionally, the legal process itself takes time, and waiting too long to file can put you under unnecessary pressure as the statute of limitations approaches. Insurance companies may use your delay as a reason to question the severity of your injuries or even deny your claim altogether. A delay can also weaken settlement negotiations, as insurers may view your case as less urgent or compelling. Consulting an Atlanta car accident lawyer promptly ensures that your claim is filed within the legal timeframe, backed by strong evidence, and positioned for the best possible outcome.
Misconception #4: If You Have Insurance, You Don’t Need and Attorney
One of the biggest misconceptions is that hiring a lawyer is unnecessary if the insurance company makes a settlement offer. Many accident victims believe that insurers will provide a fair payout that covers all their expenses. However, this is rarely the case.
The Truth? Insurance companies make lowball settlement offers.
Insurance companies often employ various tactics to get claimants to accept lowball settlement offers, prioritizing their financial interest over fair compensation. One of the most common strategies is delaying the claims process, making claimants desperate for a resolution. By dragging out investigations, requesting excessive documentation, or repeatedly changing adjusters, insurers create frustration and financial strain, pressuring claimants to accept a lower offer just to move on. Another tactic involves disputing liability, where insurers attempt to shift blame onto the claimant or argue that their policyholder was not entirely responsible for the damages. By creating doubt about the claim’s validity, the insurance company weakens the claimant’s negotiating position, making a lower offer seem more reasonable. Additionally, insurers often downplay the extent of injuries or damages, using their own medical experts or adjusters to argue that the claimant is exaggerating their condition. They may also use prior medical records to suggest that injuries were pre-existing rather than a direct result of the accident.
When claimants lack legal representation, insurance companies exploit their limited understanding of the claims process, using complex language and legal jargon to make a low offer seem fair. Some insurers even pressure claimants into giving recorded statements early in the process, which can later be used against them to minimize the payout. Another approach involves making quick but inadequate settlement offers before claimants fully understand the extent of their damages. This is particularly common in personal injury cases, where medical issues may take time to manifest, and accepting an early settlement could mean forfeiting compensation for long-term treatment.
Myth #5: Car Accident Claims Always Lead to Lengthy Court Battles
Many accident victims hesitate to pursue claims because they fear a drawn-out legal battle in court. While some cases do go to trial, most car accident claims are settled outside of court through negotiations.
The Truth? Most accident claims are resolved via settlement and never see the inside of a courtroom.
A skilled Atlanta car accident lawyer can often resolve claims through negotiations with insurance companies or alternative dispute resolution methods like mediation. Settling a claim efficiently without sacrificing fair compensation is the goal. However, if an insurance company refuses to offer a reasonable settlement, a lawyer will be prepared to take your case to court and fight for your rights.
In reality, the majority of car accident claims do not proceed to trial, as both parties typically prefer to avoid the time and expense associated with court proceedings and trial. Most insurance companies aim to settle claims as quickly as possible, provided they are presented with strong evidence of liability and damages. When you work with an experienced lawyer, they can streamline the process by gathering evidence, filing the necessary paperwork, and negotiating effectively.
The legal process may seem intimidating, but with a professional advocate by your side, your claim can often be resolved within a matter of months rather than years. Additionally, many lawyers work on a contingency fee basis, meaning they only get paid if you win, which ensures they will work diligently to expedite the process and achieve the best possible outcome for you.
Speak with an Atlanta Car Accident Lawyer Today
There is a lot of misinformation out there about how personal injury lawsuits and accident claims work. What we want you to take away from this is that insurance companies may exploit misconceptions to reduce payouts, and delaying action can jeopardize your case. A lawyer is on your side. At Mabra Law, we exert your rights and work with you to ensure fair compensation for your injuries.
If you or a loved one has been involved in a car accident in Atlanta, don’t fall for these myths. Instead, consult a legal professional who can help you navigate the complexities of the claims process. Understanding your rights and taking the right steps after an accident can make all the difference in your recovery and financial future.