After suffering a car accident, it’s common for individuals involved in the case to exchange personal information with each other without additional conversation. Occasionally, however, one of the parties takes this initial conversation further and decides to admit liability — sometimes even at the scene of the wreck.
When this happens, does this mean the case is finished? Is the non-liable party guaranteed compensation? Not necessarily.
In the aftermath of an accident, even if one party intentionally or unintentionally admits liability for the crash, both parties still need to go through the appropriate avenues to receive or give compensation for damage or injuries.
Continue reading to learn more on what exactly “accepting liability” for car accidents entails in the state of Georgia, how to gain compensation through insurance companies, and what to do in a car crash where no one accepts liability.
Accepting Liability: Why Do It At The Scene of An Accident?
There are many reasons why someone would admit liability for a wreck. Georgia Code section 51-12-6 details the right for an injured party to recover damages after someone breaches their legal duty and causes an accident.
Many individuals who know they are at-fault are interested in getting their claim settled and done quickly. Insurers also often want to pay fast and for as little as possible. Finally, as an injured party, you might want to finish everything so you can get on with your life.
However, admission of liability for an accident does not necessarily mean that the process will be any easier. You still need to go through the standard steps to resolve a car accident claim, including proving your injuries. A personal injury attorney can help you with your claim, accident investigation, and negotiate with the responsible party’s insurance company.
Further Reading: Negotiating Insurance Claims for Motor Vehicle Accidents
Caveat On Admission of Liability
Admitting liability is not the same as admitting guilt; admission of liability alone does not guarantee that the insurance company will cover your expenses. Victims of car accidents will still need to prove that your injuries resulted from the accident and that the other party is responsible. Evidence will be needed to prove that the other party caused your injuries, including:
- Accident Scene Photographs
- Medical Records
- Repair Bills for your Vehicle,
- Other documentation supporting your claim
Damages will also depend on the policy of both yourself and the liable party — which could include exclusions that excuse them from payment. Even when you do get an admission of liability, an insurance company will try to find any way to reduce or avoid payment.
Determining Fault & Liability to Insurance Companies
While there may not be a greater investigation if one party readily admits liability, law enforcement and insurance companies will do their own due diligence more often than not. These parties may find that the individual accepting liability for an accident may not be entirely at fault.
Many insurance companies start their investigation by checking the police report — but that document may not tell the whole story. The police report merely documents what responding law enforcement sees at the scene of the accident. Your car accident attorney can investigate further and help determine whether the other party’s accepting liability for an accident means they are completely at fault.
What does it mean when an insurance company accepts liability?
A personal injury claim like a car wreck has four components:
- The party has a duty of care not to harm the other party
- The party breached that duty of care
- That breach was responsible for the accident (“causation”)
- The injured party was harmed and suffered damages by that causation
When a party has accepted liability, the insurance company admits that their policyholder has violated their legal obligations and breached their duty of care. The injured party must still show causation and damages to receive compensation.
How long does an insurance company have to accept liability?
In Georgia, an insurance company does not have to accept liability.
When there is a car wreck, the general rule is that you have two years to resolve the matter or to file a lawsuit. There are various exceptions that may extend the time. You may even file a lawsuit and go to trial some day in part because the insurance company has not accepted liability.
If you are the plaintiff (you file suit as the injured party) you have the burden to prove that the defendant is at fault for the wreck.
What is there to do after insurance accepts liability?
If you have an admission of liability in a car or truck accident, make sure it is recorded—a letter, email, recorded phone call, or any other form of verbal/written documentation — and keep it with the rest of your accident-related evidence.
Continue gathering accident-related information that will be vital to proving your injury claim such as:
- Medical expenses and records
- Accident-related photographs, i.e., injuries, property damage, etc.
- Police reports
- Documentation showing lost wages, such as W-2 forms or a statement from your employer
- Witness statements
All of this information is needed to determine the full extent of your damages from the wreck leading to fair compensation.
Following the initial emergency room or other visit, continue your medical treatment for your injuries. In addition to helping you heal, continued medical treatment creates a record of your injuries and how they impact your everyday life.
If you haven’t yet begun working with a Georgia personal injury and car accident attorney, now is the time to start. Your attorney can handle your claim and negotiations with the insurance company or companies.
Further Reading: Filing an Injury Claim for Benefits With Your Healthcare Insurer
What happens if no one accepts liability for a car crash?
Not all car crashes result in one party accepting liability; often, one or more parties will claim the other side of the accident is at fault.
If you believe the other party is at fault for the wreck and for your injuries, but they do not agree, then you can file a lawsuit on your own to prove fault or you can hire an experienced personal injury lawyer to represent your interest.
The benefit of hiring an experienced lawyer is that they should understand how to prove fault through various means that may include interviewing the investigating officer, looking for video footage, interviewing witnesses and sometimes hiring experts.
Apolinsky & Associates, LLC is a Georgia-based personal injury law firm that also practices law in Alabama. With over 50 years of combined experience, its attorneys represent individuals who have suffered catastrophic injuries or their families when someone died because of the negligence of others. To learn more about what compensation might be available after a personal injury or car accident, contact us today to schedule your appointment for a free consultation.
