The first thing you should do, which you've hopefully done, is report this to your insurance company. Many people assume if they were not at fault they don't have to report it, but for many reasons you must. Secondly, if anyone was injured, make a determination as to how serious the injuries are and whether you need an attorney. Often the best way to do that is to consult an attorney - all of us offer free consultations, and most of us will help you figure out how to handle the claim on your own if it is too small to warrant an attorney. If you are injured at all, don't make any statements to the opposing party's insurance company regarding your injuries, and only make general statements to your insurance company. Find out if you have Medpay or other medical coverage on your policy so you can get treated while the underlying accident is being resolved. Make sure you get a fair price for any damage to your car, including diminution of value (this is the loss of value that would result if you were to sell a car that has been in an accident versus a car that was accident-free). Since you were not at fault, you should be able to get a rental car while your car is being repaired. Hope this helps, and good luck.
For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.
Did you report this to your carrier? If not, start there!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Report this claim to your own insurance company and take pictures to document the damages. In Georgia you have 2'years to file a law suit for injuries and 4 years to file a law suit for damage to your car.
If you were injured at all, or even think you may have been injured at all, do not talk to the other insurance company until you have retained an attorney. In the meantime, notify your own insurance company immediately to preserve any rights you may have for medical payments coverage, uninsured motorist coverage etc. Find out exactly what coverage combination you have under your own policy. If it is only property damage to the car that is at issue, then you may want to handle that portion of the claim yourself. There are several PI attorneys in your area which offer free consultations, including our firm which is in Savannah. 912-401-8880.
I agree with the others, that you should first report this matter to your own insurance. Also, you should consult an attorney regarding the potential claims you may have and the best course of action. The short answer to your question, you have 2 years from the date of accident in which to bring a bodily injury claim against the at-fault driver, and 4 years to bring your property damage suit.
Any and all responses are for general informational purposes only and in NO way constitutes legal advice NOR does this response create an attorney-client relationship with Shane Bartlett or his firm. As there are different statutory deadlines for each case, the recipient of this information is strongly encouraged to contact an attorney of their choosing to advise the recipient as to their legal rights and further address their particular question.
Be careful about talking with the insurance company about the accident. You don't want to say anything to mess up your case by mistake. If you need medical care, do not wait.
See video link here for more basic injury information about talking with an adjuster:
Good luck my friend,
Helping Georgia Injury Victims for over 22 years.
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