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1. Stop Your Car
Never leave the scene of an accident in which you or your car are
involved. No matter how slight the collision, if you fail to stop you
may subject yourself to criminal prosecution even though the accident
was not your fault. Stop your car as soon as possible without further
endangering any person or property and without obstructing traffic. Do
whatever is necessary to warn oncoming traffic, in order to prevent
further accidents. If possible, station someone in a position to warn
approaching vehicles. At night, use flares or reflectors or your
flashlight.
2. Assist the Injured
If possible, have someone call an ambulance or doctor at once. A
telephone operator can locate help for you. Remember that in getting
aid it is necessary to fix your location accurately so that help will
reach you without delay. Therefore, it is necessary that the person
seeking help know the name and number of the road on which the accident
happened, the location of the cars along the road and the direction in
which they were traveling. Render first aid only if you are qualified.
You normally should not move in the injured person. Keep him or her
warm by covering him or her with blankets or coats. If there is any
bleeding, stop it by applying pressure or a tourniquet. Do not give an
unconscious person anything by mouth.
3. Call the Police
Police officers are trained to handle any situation that may arise after
an accident. If you are involved in an accident, even though not
physically injured, you may suffer from shock and excitement which makes
it difficult for you to think clearly at the time.
If the accident occurs within a city or town, call the city police. If
it occurs on an open highway, call the nearest office of the Georgia
State Patrol or the sheriff's office. When the police officer arrives,
tell him or her briefly the basic facts (see Number 7). The report may
help you if a liability claim is made.
4. Identify the Driver
Obtain the other driver's name, address and registration number of the
vehicle that he or she is driving. Also ask to see his or her driver's
license. If possible, obtain the name of the insurance companies and
the policy numbers covering the other car(s) in the accident.
5. Witnesses
Obtain names and addresses of all passengers in all cars involved in the
accident. Obtain names and addresses of all eyewitnesses. Attempt to
obtain from these witnesses a statement as to what happened and have
them, if they will, write it down at the scene. Always have a pencil
and pad of paper, as well as this pamphlet, in the glove compartment of
your car.
6. Take Notes -- Fill Out Accident Form
and Diagram
Make your own written notes on all significant circumstances concerning
the accident. Show the position of the cars after the accident. Step
off exact distances of skid marks and other important distances. Later,
it is important for you to be able to point out where on the road the
vehicles collided and where they came to a stop. If you or someone else
has a camera at the scene, take pictures to preserve skid marks, the
position of cars and other physical evidence that will disappear after
the accident. Fill out the Accident Information Form and Diagram in
this folder so far as it is appropriate to the type of accident in which
you are involved an the particular circumstances.
7. Comments
Do not comment on the accident. Keep your notes and information
strictly to yourself. Admit nothing and sign nothing even if you think
you are wrong. You may learn later that you were not in the wrong or
that the other driver was equally responsible. Your emotions at the
time of the accident may deceive you. If at a later date facts clearly
show that you alone were wrong, that is the time to admit the blame.
8. Arrest
An arrest at the scene does not necessarily indicate civil liability.
An arrest in connection with an automobile accident cannot ordinarily be
used later in a suit for damages. Any statement may be used as an
admission, so it is important that you contact your lawyer before making
a statement.
9. When to Leave the Scene
Unless your injuries require otherwise, do not leave the scene of the
accident until you have assisted the injured, protected the scene,
called the police and assisted them, identified the other driver(s),
obtained the names, addresses and statements of all witnesses, made
notes and filled out the Accident Information Form and Diagram at the
bottom of this page.
10. See a Doctor
See your doctor immediately and ask your passengers to do likewise.
11. Reports
Georgia law no longer requires a person involved in an accident to make
a written report to the Georgia Department of Public Safety. You should
immediately call your insurance representative and send written notice
as soon as possible. The notice should contain sufficient information
concerning the time, place and circumstances of the accident, as well as
the names of any persons who were injured or witnessed the accident.
Failure to notify your insurance company in writing within a reasonable
time may constitute grounds for the insurance company to avoid all
coverage for your accident. It is therefore essential that you report
the accident immediately.
12. Claims Made Against You
Refer all persons making claims against you to your insurance company.
Make no payments or promises to pay any claimant. Any such payments are
made at your own risk. Forward all papers served on you to your insurer
immediately. If the coverage you have purchased is inadequate to cover
the claims made against you, consult your personal attorney at once.
404-255-6677
Your liability insurance policy may also include provisions for payments
to you and your passengers for medical expenses, which will apply
regardless of fault. If you make a claim for property damage or
personal injuries arising out of the accident, be sure before you settle
that any offer made to you is fair and reasonable. Your attorney is
best equipped to advise you as to your rights and the fairness of the
settlement offer.
Personal Injury
If another motorist is at fault in an accident, you
may make legal claims against him or her for personal injuries, which
are generally measured by your medical expenses and lost wages caused by
the accident and an amount which may be determined by the jury for pain
and suffering under specialized circumstances other types of damages may
be recoverable.
Property Damage
Claims for vehicle damage are covered by your own
collision or comprehensive policy, if you have one. If another motorist
is at fault in an accident, you may sue him or her for property damage
to your car regardless of whether you can sue him or her for your bodily
injury.
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