Debunking Legal Myths Surrounding Car Accidents in Georgia

Car accidents can be overwhelming, and navigating the aftermath is often complicated by common myths and misconceptions. At the Law Offices of Kyle E. Koester, LLC, we understand the importance of accurate legal information. This article aims to debunk several prevalent myths about car accident claims and legal proceedings in Georgia, providing clarity backed by state statutes.

Myth 1: You Can’t Claim if You’re Partially at Fault

• Reality: Georgia operates under a modified comparative negligence system (O.C.G.A. § 51-12-33). Even if you are partially at fault, you can still claim damages as long as your fault is less than 50%. However, your compensation will be reduced by your percentage of fault.

Myth 2: Police Reports Determine Liability

• Reality: While police reports are influential, they are not the final word on liability. Courts and insurance companies consider several factors, including witness statements, accident scene evidence, and expert testimonies, to determine liability.

Myth 3: Minor Injuries Don’t Warrant a Claim

• Reality: Even minor injuries can have long-term effects and incur significant medical costs. Georgia law allows victims to claim compensation for all injuries, regardless of their initial severity (O.C.G.A. § 51-12-4).

Myth 4: You Must Accept the First Settlement Offer from Insurance Companies

• Reality: You are not obligated to accept the first offer from an insurance company. It’s often advisable to consult with a car accident attorney to ensure the offer adequately covers all damages.

Myth 5: You Can File a Claim Anytime After an Accident

• Reality: Georgia has a statute of limitations for filing car accident claims (O.C.G.A. § 9-3-33). Typically, you have two years from the date of the accident to file a personal injury claim and four years for property damage.

Myth 6: DUI Accidents Automatically Result in Favorable Settlements for the Other Party

• Reality: Although DUI is a serious offense (O.C.G.A. § 40-6-391), the other party must still prove negligence and damages. A DUI does not automatically guarantee a favorable outcome for the other party in a civil claim.

Myth 7: Lawyers Are Too Expensive for Car Accident Claims

• Reality: Many car accident attorneys, including those at the Law Offices of Kyle E. Koester, LLC, work on a contingency fee basis. This means clients pay attorney fees only if they win the case or settle.

Conclusion: Understanding the legal realities of car accident claims is crucial for navigating the aftermath of an accident. Dispelling these myths is the first step toward a successful claim. If you’ve been involved in a car accident in Georgia, it’s advisable to consult with a knowledgeable car accident attorney to guide you through the process and ensure your rights are protected.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.