Sessions & Fleischman, LLC

After you're involved in a car accident, the first thing you should do is notify emergency services by calling 911. Attempting to render medical car for people injured in a motor vehicle crash can be risky unless you are trained. However, use your commonsense in determining if there is someone injured in the accident that needs immediate care. For example, if a vehicle involved in the crash is at risk of catching on fire or submerged in water, work to assist the driver or passengers from the vehicle to the extent that you can do so safely. Generally, you do not want to attempt to move or render aid to any driver or passenger injured in a car accident unless an immediate emergency is occurring.

Generally, it is best if the police are able to see and document the scene of car accident before the vehicles are moved. However, Georgia law requires motorists to clear the roadway if it is possible for the vehicles to be safely removed from the lanes of travel. If you have been involved in a relatively minor car accident that does not involve significant personal injuries or property damage, we recommend that you document the position of the vehicles and damage to the vehicles with your cellphone and remove your vehicle from the roadway. In documenting the scene of the crash, take photographs and videos of the condition of the cars, tire marks, traffic control devices (signs, signals, lane markings, etc.).

After a car acciddnt, the primary concern is the safety and wellbeing of all drivers and passengers. Whether you are at-fault for causing the accident or the victim injured in a car accident, be caring and compassionate for others injured in the accident. It is difficult to remain calm and to think of others after an accident, but it is important.

Document the name, phone number, address, and email address of each driver, passenger, and witness in the accident. Too often, we review accident reports that do not accurately document the parties involved car accidents. Do not rely solely upon the police to document this information.

Similar to uninsured motorist coverage, medical payments coverage is an absolutely essential part of making sure that you receive the medical treatment that you need after a car accident. Like uninsured motorist coverage, medical payments coverage is an optional insurance policy. You are not required to purchase it, but there is not any reason why you would not purchase medical payments (or “med pay”) coverage in connection with your auto insurance policy.

Underinsured/Uninsured motorist coverage is the way that we protect ourselves from motorists that do not carry sufficient insurance coverage. If you are legally entitled to recover from another person that causes an accident and that person does not have sufficient insurance to pay for the injuries you suffer, an Underinsured/Uninsured motorist policy can help you. You cannot control the amount of insurance that anyone else has, but you can control the amount of Underinsured/Uninsured motorist coverage available to you.

Avoid any gap in medical care after your car accident or personal injury. When a doctor or other care provider tells you to do something, do it in the time period that they direct you to (within reason). The reason why this is so important is that the insurance company on the other side of the car wreck or incident that caused you personal injury is going to examine your medical records for instances in which you did not follow your doctor’s directions regarding the care that you should receive.

Be very cautious about referrals to medical care providers from personal injury attorneys. It is critical that you receive the medical care that you need following an accident. However, the validity of any claim for compensation that you make following an accident can be compromised, in whole or part, based upon the type of medical care that you receive and how you arrived at that provider.

It is critical that your personal injury lawyer understands what must must be repaid from your injury settlement. Medicare and Medicaid reimbursement issues are especially important to understand in concluding your case.

There a lot of parts of your workers' comp case that can make or break it, but there is hardly anything more important than your authorizing treating physician (ATP). This doctor will be deciding your course of treatment.

Yes, your mileage to and from doctors and medical care is eligible for reimbursement, but your mileage reimbursement requests must be submitted within 1 year from the date they are incurred. The mileage reimbursement in workers' compensation cases must be paid within 15 days.

No, under Georgia workers' compensation law, you do not get paid for the first 7 days of lost wages until you are out of work at least 21 days.

In Georgia, workers' compensation benefits are based upon your pay rate for the last 13 weeks.

If you are involved in a car accident, there are certain things that you should always do. 1) If you need medical treatment, get it. If you know someone else involved in the accident has been injured, make sure that they receive medical care. It is intuitive, but the health and well being of everyone involved in the accident is the highest priority following an accident.
2) Call 911. There are plenty of reasons to call emergency personnel and police after a wreck. A lot of people think that if no one is injured, the police do not need to be called. This is a bad idea. You need documentation regarding how the accident occurred, and if you have injuries, it is important that your medical condition be documented by emergency personnel. Calling the police in this situation is a way to prove how the car accident happened to your insurance company. There could certainly be a case where the other driver involved in a wreck with you does not have updated insurance, have insurance at all, has active arrest warrants, or there is actually someone in need of medical attention. If you get into a wreck with someone without insurance and you did not call the police, there is not a significant way to prove that the wreck happened and you are stuck with a dilemma. So always call the police.
3) Do not discuss fault for the accident. There is a time and a place to discuss fault for the accident. The roadside immediately following an accident is not the time or the place. A very common accident is being rear-ended. Usually, the person “following too closely” is the one who gets the ticket. But if you were driving the car in the front and you weren't paying attention, which in turn leads you to break really hard, it could very easily be seen as your fault. However, if you don't admit that it was your fault, the law can take your side and the person who was “following too closely” will most likely get the ticket. Admitting it was your fault could also lead you to a door of possibilities of a lawsuit, extra fines, or other penalties.
4) Some simple documentation of the accident can go a long way. Don't forget to properly document every bit of the wreck. You want to think about how exactly the wreck took place from what you were doing before the crash to the moment after. This has to be very accurate for law enforcement. Also don't forget to get the other driver's name, address, phone number, insurance information, car make, car model, color of their vehicle, and pictures if possible. All of this can come in handy during the process after the wreck. Also always remember to have your own license, registration, and insurance information at all times.
5) Never leave the scene of an accident without speaking with law enforcement. Even if everyone seems alright from what you can see, and there's no damage to the cars after a minor wreck, you should never leave the scene. You always have to stop to check on everyone involved, exchange insurance information, and report to law enforcement. If you do not do this, you will have committed a crime.