Getting sued after a car accident can be stressful. You might not know what to do first or how the process works. This post will break down what you need to know if another driver files a lawsuit against you in Georgia. We’ll cover what steps to take, how insurance works, and what the legal process looks like.
Read the Legal Documents Carefully
If someone sues you, you’ll receive legal papers like a complaint or summons. Don’t ignore them. These documents explain what the lawsuit is about and how much time you have to respond. In Georgia, that deadline is usually 20 or 30 days. Missing the deadline could lead to a default judgment against you.
Call Your Insurance Company Right Away
Tell your auto insurance company about the lawsuit immediately. Many insurance policies require you to report claims or lawsuits quickly. If you wait too long, your insurance might not cover you. Once they know, your insurer will assign a claims adjuster and might provide a lawyer to defend you.
Collect and Organize All Your Evidence
Start putting together any documents or information related to the crash. This can help you and your legal team prepare your defense. Some helpful items include:
- Police reports
- Photos or videos from the accident scene
- Witness names and contact information
- Medical records for injuries
- Repair estimates for your vehicle
- Letters or emails from your insurance company
This information may show what really happened and who was at fault.
Understand Georgia’s Statute of Limitations
In Georgia, a person usually has two years from the date of the crash to file a personal injury lawsuit. If someone sues you after that time, the court might dismiss the case—unless there’s a legal exception. Keep track of the accident date and review any court deadlines with a lawyer.
Learn About Modified Comparative Fault in Georgia
Georgia follows a modified comparative fault rule. That means if you’re less than 50% at fault, you may still collect money for damages. But your share of fault will reduce the amount. For example, if you were 20% at fault, your payout could be reduced by 20%. This rule can also affect how much you might owe if the court finds you partly responsible.
Be Careful When Talking to Insurance Companies
After the crash, your insurer and the other driver’s insurance company may contact you. It’s okay to answer basic questions, but avoid guessing, admitting fault, or giving long explanations. Anything you say could be used against you later. If you’re unsure, it’s okay to say you want to speak with a lawyer first.
Hire a Lawyer to Help You
Even if your insurance provides a lawyer, you might want to speak with your own attorney too. A lawyer can help explain your rights and look out for your best interests. Many personal injury lawyers work on a contingency fee. That means you don’t pay unless they win or settle your case.
Understand How the Lawsuit Process Works
When someone sues you, several things happen:
- Complaint is filed: This is the official start of the lawsuit.
- Service of process: You receive a copy of the complaint and a summons.
- Discovery phase: Both sides exchange evidence, documents, and witness info.
- Settlement talks: Many cases settle before trial during this stage.
- Trial: If no agreement is reached, the case goes to court for a decision.
Each stage takes time. Having all your evidence ready and a lawyer by your side can help you feel more prepared.
Know the Insurance Investigation Timeline in Georgia
Georgia law gives insurance companies certain deadlines during a claim investigation:
- They must acknowledge your claim within 15 days.
- They have 15 days to start investigating, with possible extensions up to 60 days.
- They must approve or deny the claim within 40 days after proof is given.
- If approved, they must send payment within 10 days.
If they deny your claim, they have to give written reasons. You might be able to appeal or file a lawsuit if you disagree.
Know Your Rights Against Unfair Insurance Practices
Georgia Code §33-6-34 protects you from unfair insurance actions. If your insurer delays without reason, doesn’t explain denials, or refuses to settle in good faith, a lawyer can help hold them accountable.
Next Steps if the Claim Is Denied
If your claim is denied, review the explanation with your lawyer. You may be able to appeal or file a counterclaim. In some cases, people sue the other driver to recover for their own losses.
Talk to a Lawyer About Your Case
If you’ve been sued after a car accident, you don’t have to go through it alone. An experienced car accident attorney can guide you through the process, speak with insurers, gather the right evidence, and help protect your rights. Legal help can make a big difference in the outcome of your case.
Call for Help Today
Being sued can feel overwhelming, but quick action and the right support can protect you. Start by calling your insurance company, collecting your documents, and reaching out to a lawyer you trust. If you’ve been served with a lawsuit after a crash in Georgia, contact B’Ivory LaMarr Trial Lawyers at (877) 438-7243 for a free car accident injury consultation. We’ll help you understand what to expect and work to protect your interests from start to finish.