How Long Do You Have to File a Car Accident Lawsuit in Georgia?
Under O.C.G.A. § 9-3-33, you typically have two years from the date of a car accident to file a lawsuit in Georgia against those responsible for the crash.
If you file a lawsuit after this two-year deadline, you risk having the trial court dismiss your case. That could mean losing your right to seek financial compensation from the party or parties at fault.
Although two years seems like plenty of time, you should not wait to talk to a lawyer. Evidence can disappear quickly after a crash. Your lawyer will want to begin an investigation as soon as possible.
Common Causes of Car Accidents
Some of the most frequent causes of car accidents in Albany include:
- Speeding
- Tailgating
- Reckless driving, such as racing and swerving in and out of traffic
- Distracted driving, including texting while driving, reaching into the passenger cabin, eating, drinking, grooming, and applying makeup
- Drowsy or fatigued driving
- Drunk and drugged driving
- Unsafe lane changes
- Failing to signal or yield to oncoming traffic before turning
- Failing to check mirrors or blind spots before changing lanes, turning, or backing up
- Inexperienced drivers
- Adverse weather
- Poor road conditions such as ice patches or potholes
- Low lighting or poor visibility
- Vehicle defects
- Inadequate vehicle maintenance
Albany Car Accident FAQs
What Happens When a Car Accident Claim Exceeds Insurance Limits?
Generally, car accident victims can only recover compensation up to the at-fault driver’s insurance limits.
In some cases, you might file a car accident lawsuit against the individual driver, but they may not have sufficient assets to pay what the jury decides you actually deserve.
That may not be your only option. If the at-fault driver was uninsured or underinsured, you could file a UM/UIM claim through your own insurance company to make up the difference between the insurance payout and your total damages (if you opted for coverage when you got your policy).
Alternatively, drivers who purchase Medical Payments Coverage (MedPay) as an optional part of their insurance coverage could have their medical expenses paid up to their policy limit, regardless of who is at fault for the car accident.
How Do I Know What my Car Accident Case is Worth?
Understanding the value of your car accident case is crucial before entering settlement negotiations with the insurance company.
Some insurance companies try to settle claims quickly, which can make it difficult for victims to account for all current and future medical expenses.
An experienced car accident attorney can calculate a value for your case that accounts for the full range of damages you may be entitled to, allowing you to seek fair compensation that accounts for your present and long-term needs.
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
If you’re hit by a driver without insurance in Georgia, you can file an injury claim with your own auto insurance company if you carry uninsured and underinsured motorist coverage (UM/UIM).
Georgia law requires insurance companies to offer UM/UIM coverage to policyholders in the same amount as the liability coverage purchased (minimum of $25,000 in bodily injury coverage per person and $50,000 in bodily injury per accident).
However, UM/UIM is optional. If you rejected it in writing, your next option would be to sue the at-fault party directly. However, your recovery could be limited if the responsible party has limited assets.
Should I Give the Insurance Company a Recorded Statement?
No. You are not legally required to provide a recorded statement to an insurance company before discussing your case with an experienced lawyer.
Insurance adjusters are trained to ask leading questions that can trap you into accidentally saying something that could hurt your claim. Once you retain a car accident attorney, they can handle all talks with the insurer, protecting your rights and legal claim.
When is the Best Time to Contact an Attorney if I am Injured in a Car Accident?
Right away. The sooner you contact a car accident lawyer, the sooner they can begin investigating your case.
Starting promptly is critical for several reasons.
- First, you want to collect evidence while it’s fresh. Physical evidence can degrade over time, and witnesses’ memories fade. A car accident attorney can begin gathering evidence while you heal from your injuries.
- Next, you can anticipate calls from the at-fault party’s insurance soon after the crash. You can turn their calls and questions over to your car accident lawyer rather than deal with them yourself. This can protect your claim and give you space to recover without stressing over what to say.
- Finally, you must keep Georgia’s statute of limitations for car accidents in mind. State law gives you two years from the date of your injuries to file a car accident lawsuit. If you wait too long, you could lose your right to file a claim for your medical bills, lost wages, and related losses.
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