First, look after your health
Get medical care even if you feel okay. Some injuries, like whiplash or a concussion, can take days to show up.
A record of medical care soon after the crash also helps show that the accident caused your injuries.
Keep a record of everything
- Photos of the vehicles, the scene and any injuries.
- The police report number.
- The other driver's name, insurance company and plate number.
- Names and phone numbers of any witnesses.
- Medical bills, receipts and notes on days you missed work.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Who pays when it's not your fault
Arizona and Georgia are at fault states. That means the driver who caused the crash, and their insurer, are responsible for the damage.
A claim can include medical bills, lost pay, ongoing treatment and the way the injuries have affected your daily life. What you can recover depends on the facts and the insurance available.
Be careful with the other driver's insurer
Their adjuster may call quickly and ask for a recorded statement. You generally don't have to give one to the other driver's insurer.
A quick offer may arrive before you know how badly you're hurt. Once you accept it and sign a release, you usually can't ask for more.
Before you talk to the adjusterWhat if they say it was partly your fault?
Insurers often argue about fault. In Arizona, you can usually still recover if you share some of the blame, but the amount is reduced by your share (A.R.S. § 12-2505).
In Georgia, you can recover as long as you were less than 50% at fault, again reduced by your share (O.C.G.A. § 51-12-33).
What if the other driver has no insurance?
Your own policy may include uninsured or underinsured motorist coverage. Check your policy, and ask an attorney how it applies to your crash.