GA Car Accident? Know These Savannah Myths & Rights

There’s a shocking amount of misinformation floating around about Georgia car accident laws, particularly concerning how they apply in cities like Savannah. Are you sure you know your rights if you’re involved in a wreck?

## Myth #1: If You’re Hurt in a Car Accident, Your Insurance Company Will Automatically Take Care of Everything.

The misconception here is that your own insurance company is automatically your advocate. While you file a claim with them initially, remember that insurance companies, even your insurance company, are businesses focused on minimizing payouts. They aren’t necessarily looking out for your best interests.

In Georgia, it’s an “at-fault” state. This means the person responsible for the car accident is liable for damages. If the other driver caused the accident in Savannah, their insurance company should be responsible for covering your medical bills, lost wages, and property damage. But getting them to actually pay what you deserve? That’s another story. They may try to lowball you, deny your claim, or delay the process. I can’t tell you how many times I’ve seen adjusters try to argue that pre-existing conditions were the real cause of a client’s pain and suffering. Don’t automatically assume they are on your side.

## Myth #2: If the Police Report Says the Accident Was Your Fault, You Have No Chance of Recovering Damages.

This is a dangerous myth. While a police report carries weight, it is not the final word. The investigating officer’s opinion is just that: an opinion. It’s based on their assessment at the scene, but it isn’t necessarily based on all the facts.

Georgia follows the rule of modified comparative negligence, as outlined in O.C.G.A. § 51-12-33. This means that even if you were partially at fault for the car accident, you can still recover damages, as long as your percentage of fault is less than 50%. For example, if you were 20% at fault for an accident at the intersection of Victory Drive and Skidaway Road because you were slightly speeding, you could still potentially recover 80% of your damages from the other driver if they were primarily responsible for causing the collision. We recently represented a client who was initially deemed 30% at fault for an accident on I-95. By presenting additional evidence – witness statements and expert accident reconstruction – we were able to prove the other driver was overwhelmingly responsible and secured a significant settlement for our client.

## Myth #3: You Have Plenty of Time to File a Lawsuit After a Car Accident.

This is a critical misconception that can cost you your right to compensation. In Georgia, the statute of limitations for personal injury cases arising from car accidents is generally two years from the date of the accident, according to O.C.G.A. § 9-3-33. Remember, don’t miss the 2-year deadline.

Two years might seem like a long time, but it goes by quickly. Gathering evidence, negotiating with insurance companies, and preparing a strong case takes time. Waiting until the last minute can severely limit your options and weaken your case. If you miss the deadline, you lose your right to sue, period.

## Myth #4: You Can Only Recover Damages for Obvious Physical Injuries Like Broken Bones.

This is false. While physical injuries are certainly a major component of many car accident claims, you can recover damages for a wide range of losses. This includes:

• Medical expenses: Past and future medical bills related to your injuries.
• Lost wages: Income you’ve lost due to being unable to work, and future lost earning capacity.
• Property damage: The cost to repair or replace your vehicle.
• Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
• Loss of consortium: In some cases, a spouse can recover damages for the loss of companionship, affection, and sexual relations due to their partner’s injuries.

I had a client last year who suffered a concussion in a car accident near Forsyth Park. While she didn’t have any visible injuries, she experienced debilitating headaches, memory problems, and difficulty concentrating. We were able to secure a substantial settlement for her, not just for her medical bills, but also for the significant impact the injury had on her quality of life. Don’t underestimate the value of non-economic damages.

## Myth #5: Hiring a Lawyer is Too Expensive.

Many people are afraid of the cost of hiring a car accident lawyer in Georgia, especially in places like Savannah, but this fear can be misplaced. Most personal injury attorneys, including myself, work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless we win your case. Our fee is a percentage of the settlement or jury award we recover for you. If we don’t win, you don’t owe us anything.

What nobody tells you is that hiring a lawyer often increases the amount of money you ultimately receive. Insurance companies know that if you have an attorney, you’re serious about pursuing your claim and they are more likely to offer a fair settlement. Plus, a good lawyer will know how to properly value your claim and negotiate effectively on your behalf. The State Bar of Georgia offers resources for finding qualified attorneys in your area. Remember, learn how to win when insurers deny your claim.

Navigating Georgia’s car accident laws can feel overwhelming, especially after an accident. Don’t let misinformation cloud your judgment. Seeking professional legal advice is the best way to protect your rights and ensure you receive the compensation you deserve. Before you call them, know your rights.

Don’t rely on hearsay or internet rumors after a car accident in Georgia. Contact a local attorney for a consultation. The clock is ticking. If you’re in a Savannah car accident, fight for your fair settlement.