The first 48 hours after a wreck shape your whole claim. Here is what to do, in order, and the mistakes I see most often.
At the scene
Get safe and call 911. In Georgia, you must report a crash right away if anyone is hurt or killed, or if property damage looks like $500 or more (O.C.G.A. § 40-6-273). That covers almost every crash. The police report becomes a key piece of evidence.
Exchange information. Get the other driver's name, phone, license plate, insurance company and policy number. Take a photo of their license and insurance card.
Take photos before the cars move. Get both vehicles, the road, skid marks, traffic signals, weather, and any visible injuries. You can't go back and take them later.
Find witnesses. Get names and phone numbers from anyone who saw it. Independent witnesses carry a lot of weight with insurers and juries.
Don't apologize or guess about fault. "I'm sorry" or "I didn't see him" can show up later in an adjuster's notes as an admission. Stick to facts with the police.
In the next few days
See a doctor within a day or two, even if you feel okay. Adrenaline hides pain, and some injuries take days to show. A gap between the crash and your first visit is one of the first things an adjuster uses to argue you weren't really hurt.
Tell your own insurance company the basic facts. Your policy likely requires prompt notice. Keep it short and factual.
Don't give a recorded statement to the other driver's insurer. You aren't required to, and it rarely helps you. (Here's why.)
Keep everything. Medical bills, receipts, pay stubs for missed work, and a short daily note on your pain and what you couldn't do.
Stay off social media about the crash. Insurers look. A photo at a cookout can be spun as proof you're fine.
Two Georgia rules to know
Seatbelts now matter in court. For cases governed by Georgia's 2025 tort reform (SB 68), the defense can tell the jury you weren't wearing a seatbelt and argue your share of fault. Always buckle up, and tell your lawyer upfront either way.
Fault is shared, and it can cut off your claim. Under O.C.G.A. § 51-12-33, your recovery drops by your share of fault. At 50% or more, you recover nothing. That's why insurers work hard to pin blame on you.
When to call a lawyer
Call before you sign anything, give a recorded statement, or accept a check. Most injury claims in Georgia must be filed within two years (see the deadlines). The earlier I'm involved, the more evidence we can lock down, like dashcam and store video that gets erased in days.
Hurt in a crash? Call (770) 376-5314 for a free case review. We charge no fee unless we win.
This post is general information, not legal advice, and reading it doesn't create an attorney-client relationship.
