Why is it Important to Call the Police
after a Car Accident?

You’ve just been hit by another vehicle. They ask you not to call the police and just exchange information.
You don’t want to have to sit and wait on the police to arrive at the scene.
THINK AGAIN.

If you have been involved in an auto accident in Georgia, calling the police is not only a good idea to document the accident for your own records, but also may be required by law. Having a police report filled out at the scene also serves a number of other important purposes, including:

• Documenting the driver’s identifying information and insurance information
• Formally determining the cause of the accident
• Ruling out that you contributed the collision
• Issuing citations to the at-fault driver(s), which helps to prove fault in a lawsuit
• Documenting your injuries
• Documenting property damage

When MUST You Notify the Police of an Accident?

According to Georgia Law (O.C.G.A. § 40-6-273), if you are involved in an auto accident in Georgia, you are required to notify the police if:

• Anyone was physically injured;
• Anyone died in the accident; and/or
• There was property damage in excess of $500.

Most auto collisions will involve at least one of these, and, therefore, unless you believe that there is no damage and you are absolutely not injured, you should always call the police. Of course, you are only required to notify police under these conditions if you are physically able, meaning that you aren’t required to report the accident if you are seriously injured and unable to do so. Even if it appears that no one is physically injured, or the damage doesn’t appear to reach the $500 threshold, calling the police is still a good idea because injuries can arise later and vehicle damage can be worse than it appears on the outside.

Failure to Report an Accident

If you fail to report an accident that should have been reported under the criteria above, you could be subject to potential criminal charges, and you leave yourself open to a claim by the other driver that you are at fault. A very common criminal charge associated with failure to report an auto accident and/or leaving the scene of the accident, is a hit-and-run (O.C.G.A. § 40-6-270). A hit-and-run charge can range from a misdemeanor to a felony depending on the severity of injuries caused by the accident.

• A misdemeanor hit-and-run, where there were no serious injuries or deaths, is punishable by a fine ranging from a $300-$1,000, driver’s license suspension, and potentially up to 12 months in jail.
• A felony hit-and-run can carry, where someone was seriously injured or died, is punishable by 1-5 years of imprisonment.

Why Should You Notify Police of an Accident?

Even where you are not required by law to notify police of an accident, reporting the accident is still a good idea. Even if a wreck is minor, a police report is an important document that can help you ensure your vehicle gets repaired by the correct insurance company, be it your own or the at-fault driver’s insurance. Without the report, you have no proof of who was at-fault, how the damage occurred, or when it happened. This can lead your insurance company to deny coverage or raise your rates if you can’t prove that you weren’t at fault for the damage.

Additionally, even if you don’t feel like you are injured in the wreck, some injuries, such as whiplash, may take a few days to fully develop. Without a police report, you may be stuck paying your own medical bills. With a police report, you may be able to make a claim under the at-fault driver’s insurance.

 WHAT is in a Police Report and How Does it Help Your Claim?

A police report is an important piece of evidence that can help you recover compensation for any personal and/or property damage that you or your vehicle may have sustained in the accident. Here is a sample police report:

1. Location – This section of the report documents the time of the accident, the county or city, roadway name, and number of vehicles involved. All of this is important because it tells your injury attorney exactly when and where the crash happened.
2. Identification – This section details who was involved, stating their name, address, driver’s license number, vehicle information, and the vehicle’s owner. This section also details whether or not drug or alcohol tests were performed on either driver. This is important to your attorney because it tells them exactly who to contact for insurance information. The address of the at fault driver is also important because it allows your attorney to determine the proper location to file suit.
3. Vehicle and Road Information – This section contains the harmful events leading to the wreck, any contributing factors, the road conditions, traffic flow, traffic control devices, and the posted speed on the roadway. This is important to your attorney because it details exactly who is at fault for the wreck, and what they did to cause it. It also helps your attorney determine if there were other contributing factors, such as other vehicles, malfunctioning traffic control devices, if the at fault driver was speeding, and other important information. A good attorney can use this information to make a compelling case for liability and quickly settle the case in your favor.
4. Citations – This section details which driver was cited and what they were cited for. For example, this could be failure to yield, speeding, improper turn, or other traffic violations that led to the accident. This is arguably the most important section of the report from a standpoint of proving liability. If a driver is cited for causing the wreck, the citation and ticket disposition are great evidence to help prove liability.
5. Commercial Vehicles – This section is only used when a commercial vehicle is involved, such as a tractor trailer, dump truck, bus, or moving truck. It contains information that will allow your attorney to identify the owner’s insurance, company driving history, type of material being hauled, and find the driver’s commercial driving record. All of this is very important because different laws apply to motor common carriers in Georgia.
6. Narrative & Diagram – Here, the officer writes a summary of the events leading up to the crash, and then draws a brief diagram of the accident and how it occurred. An attorney can quickly look at this to see exactly how the accident occurred.
7. Witness Information – This will include the names and contact information of any witnesses that were present at the scene of an accident. Witnesses are one of the most important parts of your injury case. Because the drivers themselves are inherently biased towards their own perspective, an independent witness who saw the crash occur can be very helpful in proving liability in your case.
8. Occupant Information – This section simply details who was in each of the cars at the time of the crash. While it may not seem important, it is an easy way to prove to insurance companies that someone was in the car with you and should be covered by any applicable policy of insurance available.

Some reports will contain additional information, such as a supplemental report detailing the findings of further investigation after the crash, additional citations issued, and other information relating to the continued investigation of the crash.

How Can an Injury Attorney Help? 

If you have been injured in an auto accident, it is important to call an injury attorney as soon as possible. Tell them about your accident report and send them a copy if you have already obtained it from the police. An experienced injury attorney like Bethany Schneider can help you set up your insurance claim and will ensure that all of your bases are covered with regard to your claim. An experienced injury attorney like Bethany Schneider can also advise you on how to handle recorded statements, and will walk you through the complex procedures that will follow your insurance claim.

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After your injury, an experienced personal injury attorney can be one of your greatest assets. Bethany Schneider of Schneider Injury Law has years of experience and success settling and litigating personal injury claims for her clients. If you have been injured in an auto accident and need an attorney that knows how to WIN, then call Schneider Injury Law at (404) 800-3060, or email Bethany directly at Be*****@Sc*********************.com for a free consultation.