What If the At-Fault Driver Does Not Report the Accident?

report for car accidentAfter a car accident in Georgia, the drivers involved in the collision are supposed to exchange license and insurance information and report the accident to their insurance companies. But some drivers are upset and uncooperative after an accident. Some at-fault drivers refuse to share information because they are uninsured and fear getting in legal trouble. Others are intoxicated and belligerent and acting irresponsibly. You may encounter an uncooperative at-fault driver, frustrating your efforts to obtain an insurance payment to cover your losses and complicating an already stressful situation.

The car accident lawyers at Millar & Mixon represent individuals who have been harmed in accidents caused by other drivers.  We can help you deal with a difficult situation when an at-fault driver refuses to comply with the law or the at-fault driver’s insurance company denies responsibility. We have successfully resolved cases involving uncooperative and uninsured at-fault drivers to the benefit of our clients. We are ready to help you.

Contact a Georgia car accident attorney at Millar & Mixon to schedule a free initial consultation. We will answer your questions and explain your legal options.

Does Georgia Law Require Reporting Traffic Accidents to Police?

police reports for accidentsThe Georgia Traffic Code requires any driver involved in a crash resulting in injury or death or damage to another vehicle to stop at the scene and provide his or her name and address and driver’s license information.

If the other driver is uncooperative, you should remain calm, return to your car or a safe location nearby, and wait for the police to arrive. Georgia law requires that a driver of a vehicle causing injury or death or property damage of $500 or more shall promptly notify the police, sheriff’s department or highway patrol by the quickest means possible. Notify the police yourself if you are unsure whether the other driver has done so.

The at-fault driver may not want to call the police for a variety of reasons. But it is important to have an official record of the accident. Do not let another driver talk you out of calling the police and reporting the accident. A police report will be essential evidence in an insurance claim if you have been injured in an accident caused by another driver.

While you are waiting for police to arrive, jot down the make and model and color of the other vehicles involved in the accident as well as the license plate number and use your phone camera to take photos showing the accident scene and damage to the vehicles.

police in GeorgiaThe police will obtain the license and insurance information from the at-fault driver, if the driver is unwilling to share information with you. The investigating law officer should instruct the driver of each vehicle involved in the accident to provide the name and address of the owner of the vehicle, the license number of the vehicle and the name of the insurance company that provides coverage. It is best to copy this information directly from their driver’s license and insurance card. If the name on the insurance card differs from the driver of the vehicle, try to clarify the relationship between the individuals and obtain contact information for both the at-fault driver and the policyholder.

Is the At-Fault Driver Drunk or Intoxicated?

drinking and drivingIf you try to exchange registration and insurance information and the at-fault driver is uncooperative, it is possible that the driver has been drinking and is intoxicated.

It is difficult to deal with an intoxicated driver.

The police are trained to handle drunk drivers so it is best to wait for a law officer to arrive on the scene and deal with the driver. The police will assess whether the driver is legally intoxicated and may file criminal charges against the driver for drinking and driving. But the prosecution and conviction of a drunk driver will not provide compensation to cover your losses. You will need to file a separate civil lawsuit seeking compensation for your injuries and losses. If the drunk driver caused injury to others, the at-fault driver and their insurance company may be held liable for the harm caused to other. An experienced personal injury lawyer can explain your legal options.

Is the Driver Insured?

Who's At-FaultGeorgia law requires all drivers to have at least the required minimum levels of liability insurance to drive a vehicle. An at-fault driver’s liability insurance pays for damages and injuries caused to others.

Unfortunately, some drivers disregard the law and drive without insurance. About one of every eight drivers in Georgia is uninsured, according to the Insurance Information Institute. Others have unknowingly allowed their insurance coverage to lapse. An at-fault driver may be uncooperative or untruthful after an accident because the driver has no auto insurance coverage and is concerned about losing their driver’s license and having their vehicle impounded if the police discover that fact. The driver will have to obtain insurance in order to recover their vehicle.

If the driver is uninsured or has insufficient insurance to cover the cost of treating your injuries, you can file a claim under you own uninsured/underinsured motorist policy. Your UM/UIM policy should protect you if you are involved in an accident with a motorist without insurance.

Did the Driver Report the Accident to Their Insurance Company?

car accidents in GeorgiaDo not assume that the at-fault driver will notify their insurance company of the accident.  Some at-fault drivers are reluctant to notify their insurance carrier of an accident. The driver may try to deal with the accident without informing their insurance company to prevent their premiums from going up. It happens quite frequently. This could cause the at-fault driver’s insurance company to deny your claim.

You should contact both your own insurance company and the at-fault driver’s insurance company and notify them of the accident. It is a good idea to notify them by telephone within 24 hours of the accident, then follow-up with a certified letter informing them of the accident.

If you have been hurt in a car accident, Millar & Mixon is ready to help you right away. Call or email us and speak to a car accident attorney attorney by telephone with no obligation. Then you can make a fact-based decision about what to do next.