Common Mistakes After a Car Accident in Georgia and South Carolina

A car accident can turn a normal, everyday, drive into a crisis of twisted metal and traumatic injuries. You might find yourself standing on the roadside, heart racing, trying to figure out what to do next.

If you’re reading this, you’re likely dealing with the aftermath of a car accident and feeling confused about the steps ahead. At M. Austin Jackson Injury Lawyers, we’ve guided Augusta-area residents through this exact situation, and we know how disorienting this time can be.

The decisions you make in the coming hours and days will impact your ability to recover fair compensation under Georgia and South Carolina law.

But many accident victims make critical errors that weaken their personal injury claims or their right to compensation.

Insurance companies hope you’ll slip up so they can save money while you’re left dealing with the consequences. Here are some of the most common mistakes after a car accident that could cost you thousands in compensation.

Not Calling the Police

Many drivers think they can skip involving law enforcement if the accident seems minor. This is a mistake we see repeatedly in our practice.

Police reports create an official record of what happened, including important details like road conditions, weather, and initial statements. Without this documentation, insurers may try to shift blame or claim the accident didn’t happen the way you remember it.

Delaying Medical Treatment

You might feel normal immediately after a crash and decide to wait and see how you feel. This delay can be devastating to both your health and your legal case in Georgia.

The Hidden Risks of Delayed Treatment

Your body’s natural response to trauma can mask serious injuries for hours or days. Soft tissue injuries, concussions, and spinal damage often don’t cause immediate pain due to adrenaline and shock.

We represented a client named Ritty, who felt fine after her multi-vehicle collision, but later developed severe migraines from an undiagnosed concussion. She sought prompt medical evaluation, and we brought in a board-certified neurologist who confirmed her symptoms were directly related to the accident, leading to a six-figure settlement.

Insurance Companies Exploit Treatment Gaps

In Georgia, insurance adjusters scrutinize every aspect of your medical treatment timeline. When you wait weeks to see a doctor, insurers often dispute the severity and cause of your injuries.

This delay gives adjusters ammunition to reduce or deny your claim, leaving you responsible for medical bills that the at-fault party’s insurance should have covered. We know how infuriating this feels, especially when you’re already dealing with the stress of healing.

Admitting Fault at the Scene

After an accident, many people instinctively apologize or make statements about what happened. These seemingly harmless comments can completely derail your case.

Georgia operates under modified comparative negligence rules, meaning if you’re found 50% or more responsible, you can’t recover any damages. The other driver’s attorney can twist even a simple apology into an admission of complete responsibility.

Stick to the basic facts, like “I was driving north on Mike Padgett Highway,” or “The light was green when I entered the intersection.” Save conversations about what caused the accident for your attorney and insurance carrier.

Giving Recorded Statements to Insurance Companies

Within hours of your accident, you’ll likely receive calls from insurance adjusters requesting a recorded statement to process your claim faster. These conversations are carefully orchestrated to gather information they can use against you later.

Adjusters are trained to ask leading questions that might get you to minimize your injuries or accept partial blame. You have no legal obligation to provide recorded statements to the other driver’s insurance company.

Our experienced attorneys recommend directing all insurance communications through our office.

Failing to Document the Accident Scene

Physical evidence disappears fast after an accident. Thorough documentation gives you concrete proof of how the crash occurred and the extent of the damage, so it’s harder for insurers to dispute your claim.

Taking Photos and Videos

Gather evidence by documenting everything you can see at the accident scene:

• All vehicle damage from every angle
• The entire accident scene and surrounding area (e.g., Windsor Spring Road AND Tobacco Road)
• Traffic control devices and road hazards
• Your injuries, no matter how minor they seem
• License plates and driver information

Gathering Witness Information

Independent witnesses can provide invaluable testimony about how your accident occurred. We’ve secured substantial settlements in part because witnesses confirmed the events that led to our clients’ injuries.

Also, take a look around and see if a camera at a business or residence may have captured video of the crash–this can obviously be more valuable than a witness account of the wreck.

Not Following Medical Advice

Skipping appointments or stopping therapy early sends the wrong message about the severity of your condition. Insurance companies will argue that if you’re not taking your medical care seriously, your injuries must not be significant.

Georgia courts consider how well you follow your doctor’s advice. This shows how serious the injury is and how dedicated you are to getting better. Not following your doctor’s recommendations can significantly decrease the amount of money you receive.

Accepting Quick Settlement Offers

Insurers often make rapid settlement offers that seem reasonable when you’re facing mounting bills. These early offers are typically calculated to resolve claims for as little as possible.

We helped Mary, who was rear-ended by a taxi, reject an unfair initial offer. She ultimately secured a settlement that was 15 times higher than what the insurance company first proposed.

Posting on Social Media

Social media posts can be taken out of context and used to challenge your injury claims. An insurer might present a smiling photo as proof that you’re not suffering, even if you were in significant pain.

Insurance companies routinely track accident victims’ social media accounts. The safest approach is to avoid posting about your accident or injuries until your case is resolved.

Waiting Too Long to Contact an Attorney

Many accident victims try to handle their own insurance claims to save money. In fact, we probably get a call once a week from people who want to retain our firm after attempting to handle things themselves. By the time they realize they need legal help, valuable evidence may be long gone.

Delays can also result in missed deadlines under Georgia’s two-year statute of limitations. Waiting reduces your negotiating power, and adjusters become less willing to offer fair settlements when they sense desperation or time pressure.

Early legal representation has immediate benefits. We can preserve crucial evidence, handle insurance communications, and begin building a strong case while you focus on recovery.

Not Understanding Your Insurance Coverage

Georgia and South Carolina’s minimum insurance requirements often fall short of covering serious accident damages. Many drivers don’t understand their policy benefits, including uninsured motorist coverage that could provide further compensation.

One motorcycle accident victim worked with our firm to recover money from the at-fault driver’s insurance and an extra $100,000 from his own policy.

In Georgia car accidents, South Carolina residents face extra hurdles. Their home state’s insurance might not work the same way under Georgia law. It’s crucial to understand how your South Carolina coverage applies to accidents outside the state. This knowledge can help you get more money in your settlement.

Returning to Work or Activities Too Soon

Wanting to return to normal life is understandable. But resuming work or physical activities before you receive medical clearance can seriously damage your case. Insurance companies will point to your early return as evidence that your injuries weren’t severe.

How to Avoid These Common Mistakes

The steps you take immediately after a car crash are critical to the success of your claim. Here’s what you should do to protect yourself:

• Always contact law enforcement, regardless of how minor the accident appears.
• Seek medical attention, even if you feel fine initially.
• Document everything with photos and detailed notes.
• Avoid discussing fault with anyone except your attorney.
• Follow all medical recommendations and attend every appointment.
• Contact experienced legal representation before you speak with insurance companies.

How Our Attorneys Help You Avoid Costly Mistakes

You’re dealing with enough stress without having to navigate the laws of Georgia and/or South Carolina alone. At M. Austin Jackson Injury Lawyers, we understand the challenges you’re facing because we’ve helped hundreds of our neighbors, from Augusta to Aiken, throughout Richmond, Columbia, and Aiken Counties, and the entire CSRA.

Our skilled personal injury attorneys know how to avoid the mistakes that can devastate your settlement. We handle all aspects of your claim while you focus on healing.

From seven-figure settlements for catastrophic injury victims to large recoveries for various types of accident injuries, we know how to maximize compensation for our neighbors throughout Georgia and South Carolina.

When you’re worried about making the wrong decision, it’s easy to do nothing at all. With our experienced attorneys on your side, you can focus on healing while we take legal action for you. You need neighbors who will fight and advocate as hard for your family as they would their own.

Contact M. Austin Jackson Injury Lawyers today at 706-981-9286 for your free consultation. We’ll review your situation, explain your rights, and start protecting them immediately. You don’t pay us unless we win your case.

Frequently Asked Questions About Post-Accident Mistakes