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Why You Need An Attorney When Talking To The Insurance Company

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When you’ve been hurt in a car accident, it may feel natural to call the insurance company right away. After all, they say they’re there to help. But the truth is, their interests are not the same as yours. We’ve seen far too many Georgia accident victims trust insurers too soon, only to be left with lowball settlement offers—or denied altogether. Insurance companies are businesses first. Their goal is to minimize what they pay, not to make you whole. That’s why having an attorney before talking to the insurance company can protect your rights and the compensation you deserve.

Under Georgia law, specifically O.C.G.A. § 51-1-6, if you are injured due to someone else’s negligence, you have the right to seek compensation. But that right doesn’t guarantee a fair outcome, especially when dealing with insurance adjusters trained to reduce or deny claims. We step in early to make sure you’re treated fairly from the start. That means reviewing what happened, gathering key documents, and handling all communication with the insurance company so you don’t say something that can be twisted and used against you.

Statements Can Be Used Against You

One of the most common mistakes people make is giving a recorded statement to the other driver’s insurance company without legal advice. Even something as simple as saying “I’m okay” or guessing about what happened can be used to challenge your claim later. We’ve seen adjusters twist words to argue that your injuries aren’t serious or that you were at fault. Once you’ve made a statement, it’s very difficult to take it back.

Understanding What Your Claim Is Worth

Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. That means if you’re partially at fault, your compensation may be reduced. The insurance company knows this and will often argue that you bear more blame than you do. Without legal support, it’s easy to accept a lower settlement than your case is worth. We help calculate the full value of your claim—including medical bills, lost wages, pain and suffering, and future care—so you don’t settle short.

Insurance Companies Work Quickly—You Should Too

Insurers often contact accident victims within days of a crash. They may pressure you to settle quickly, before you’ve had a full medical evaluation. We’ve worked with many clients who didn’t realize the true extent of their injuries until weeks or months later. Signing a release too soon could bar you from seeking more compensation. Our job is to make sure everything is documented before any decisions are made.

Accident Claim Frequently Asked Questions

Can I Talk To The Insurance Company Without A Lawyer?

Yes, but we strongly recommend against it. Insurance adjusters are trained to protect their company’s bottom line, not your interests. Anything you say—whether intentional or not—can be used to limit or deny your claim. Having an attorney speak on your behalf ensures your rights are protected from the start.

Why Should I Let A Lawyer Handle Insurance Communications?

When we speak to the insurance company for you, we control the information shared and ensure nothing is said that can be used to shift blame. We make sure they receive only what’s required, while protecting your legal rights. This also reduces stress and gives you time to focus on healing.

What If The Insurance Company Already Offered Me A Settlement?

Before accepting any offer, we recommend that you allow us to review it. Early settlement offers are usually far below the actual value of the claim. Once you sign a release, you typically can’t go back and ask for more, even if new injuries or complications arise.

How Does Georgia’s Comparative Negligence Law Affect My Claim?

Georgia’s modified comparative negligence rule means your compensation will be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you cannot recover damages. Insurance companies use this rule to lower what they owe. We work to show the full picture and defend your share of the fault.

Can The Insurance Company Deny My Claim Without Just Cause?

They may try, but we know how to respond. If they deny a valid claim, we can challenge that decision through appeals, negotiations, or legal action. Sometimes just having a lawyer involved changes how the insurer treats the case. They know we won’t let them take advantage of you.

How Long Do I Have To File A Personal Injury Claim In Georgia?

Under O.C.G.A. § 9-3-33, you have two years from the date of the accident to file a personal injury lawsuit. That sounds like a long time, but it’s important to act early. Waiting too long can lead to lost evidence, unavailable witnesses, and difficulty getting a fair settlement.

What If I Was Injured And I’m A Business Owner Or Self-Employed?

We work with many clients who own small businesses or work for themselves. Lost income, reduced productivity, and missed opportunities can all be part of your damages. We gather financial records and build the evidence needed to show how the injury has impacted your livelihood.

Can I Still Get Compensation If I Wasn’t Wearing A Seatbelt?

Yes. In Georgia, failure to wear a seatbelt may not be used as evidence of negligence in personal injury cases. That means it shouldn’t be a reason to deny your claim, though insurers may try to use it to cast doubt. We make sure the law is applied correctly in your case.

Get Our Help Before You Talk To The Insurance Company

If you’ve been injured in a car accident, don’t take chances with your claim. At Shani O. Brooks P.C., we protect your legal rights from the very first phone call. We help you avoid mistakes, deal with the insurance company, and fight for the full compensation you’re owed.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. From our office in Atlanta, we serve injury victims across the entire State of Georgia, including individuals, families, and small business owners who want to protect their health, finances, and future.

Shani O. Brooks Has Recovered Millions for Injury Victims Throughout the Greater Atlanta Area