After a bicycle accident in Georgia, seek immediate medical attention, document the scene with photos and witness information, report the incident to police, avoid admitting fault, and consult a personal injury attorney to protect your legal rights and maximize your compensation potential.
Bicycle accidents can happen in an instant, leaving riders injured, confused, and unsure of what comes next. Many cyclists make critical mistakes in the moments and days following a crash that permanently damage their ability to recover compensation. Unlike drivers protected by metal frames and airbags, bicyclists absorb the full force of impact, often resulting in severe injuries that require immediate action and careful legal protection. Understanding the specific steps to take after a bicycle accident in Georgia can mean the difference between a fair settlement and walking away with nothing while facing mounting medical bills.
Check for Injuries and Ensure Safety
Your physical safety and the safety of others must come first after any bicycle accident. Before thinking about insurance claims or legal matters, assess whether you or anyone else needs urgent medical help.
If you can move safely, get yourself and your bicycle out of traffic to prevent additional collisions. Signal to other drivers if possible and move to the shoulder, sidewalk, or another protected area. However, do not move if you suspect a spinal injury, severe head trauma, or broken bones that could worsen with movement.
Check yourself for visible injuries such as bleeding, swelling, or obvious fractures. Adrenaline often masks pain immediately after an accident, so injuries may not hurt right away even if they are serious. Look for signs of concussion including confusion, dizziness, nausea, or sensitivity to light. If you hit your head at any point during the accident, you should seek medical evaluation even if you feel fine.
Call 911 and Report the Accident
Georgia law requires drivers involved in accidents causing injury, death, or property damage exceeding $500 to report the incident to law enforcement under O.C.G.A. § 40-6-273. This requirement applies to bicycle accidents involving motor vehicles as well.
Call 911 immediately after ensuring safety. Tell the dispatcher you were involved in a bicycle accident, your location, and whether anyone appears injured. Even if injuries seem minor, request police response because the official report creates an essential record of what happened. Without a police report, insurance companies may deny your claim or dispute critical facts about the accident.
When officers arrive, provide a clear, factual account of what happened. Stick to observable facts such as where you were riding, the direction you were traveling, and what the other vehicle did. Avoid speculating about causes or accepting blame with statements like “I should have seen them” or “maybe I was going too fast.” Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, meaning your compensation can be reduced by your percentage of fault, and any admission of fault can be used against you later.
Seek Immediate Medical Attention
Many bicycle accident victims make the critical error of declining medical treatment at the scene or delaying a doctor visit. This decision often destroys their injury claim because insurance companies argue the injuries must not be serious if the victim did not seek immediate care.
Accept ambulance transport if paramedics recommend it. Emergency responders can identify injuries you might not notice yourself, such as internal bleeding, fractures, or traumatic brain injury symptoms. Hospital emergency departments have diagnostic equipment that reveals the full extent of your injuries through X-rays, CT scans, and other imaging.
If you refuse transport at the scene, visit an emergency room, urgent care center, or your primary physician within 24 hours. Georgia insurance companies closely examine the timing of your first medical visit, and any gap between the accident and treatment gives them ammunition to claim your injuries came from something other than the crash. Keep every medical record, prescription, diagnostic result, and bill because these documents prove both the severity of your injuries and the costs you incurred.
Document the Accident Scene
Evidence disappears quickly after a bicycle accident. Skid marks fade, debris gets swept away, witnesses leave, and memories become less reliable with each passing hour. Thorough documentation protects your ability to prove what happened.
Take photographs of everything if you are physically able. Capture the damage to your bicycle from multiple angles, showing bent frames, broken wheels, or torn components. Photograph your visible injuries including cuts, bruises, road rash, and swelling. Take wide shots showing the entire accident location, including traffic signs, signals, lane markings, crosswalks, and sight obstructions like parked cars or overgrown vegetation.
Document vehicle damage as well, photographing the at-fault driver’s car from several angles to show impact points, scratches, dents, or paint transfer. Get photos of the vehicle’s license plate. Capture weather and road conditions since rain, poor lighting, or road defects may have contributed to the accident.
Write down everything you remember about the accident while details remain fresh. Note the time of day, weather conditions, traffic volume, and exactly what you saw the driver do before impact. Record whether the driver was looking at their phone, failed to signal, ran a stop sign, or violated any other traffic law.
Exchange Information with the Driver
Georgia law requires drivers involved in accidents to exchange specific information under O.C.G.A. § 40-6-273. As a cyclist, you have the same rights as any other accident victim to obtain this information.
Get the driver’s full legal name, current address, phone number, driver’s license number, and license plate number. Ask to see their driver’s license and vehicle registration to verify the information they provide matches official documents. Some drivers give false information hoping to avoid responsibility.
Obtain the driver’s insurance company name and policy number. Most drivers carry an insurance card in their vehicle with this information. Photograph the insurance card if possible or write down every detail exactly as it appears. If the driver claims they do not have insurance information with them, get their promise to provide it and follow up within 24 hours.
Do not discuss who caused the accident with the driver. Avoid making statements like “I’m sorry” or “I didn’t see you” that could be interpreted as accepting fault. Keep your conversation limited to exchanging required information. If the driver becomes aggressive, hostile, or threatening, maintain distance and let police handle all communication.
Gather Witness Information
Independent witnesses provide powerful evidence because they have no financial stake in the outcome of your case. Their accounts often carry more weight than statements from people directly involved in the accident.
Ask anyone who saw the accident for their name and phone number. People waiting at bus stops, sitting in nearby cars, walking on sidewalks, or working in adjacent buildings may have witnessed the collision. Approach them while police are still on scene if possible because witnesses often leave quickly.
Find out exactly what each witness observed. Some may have seen the moments leading up to impact, while others only noticed the aftermath. Ask specific questions such as whether they saw the driver signal, how fast the vehicle appeared to be moving, or whether the driver seemed distracted. Write down their observations in their own words.
Request that witnesses provide statements to the responding police officer. Police reports typically include a witness section, and having independent accounts documented in the official report strengthens your claim significantly. If witnesses leave before police finish their investigation, get their contact information yourself so your attorney can reach them later.
Preserve Evidence from Your Bicycle and Gear
Your damaged bicycle and cycling equipment serve as physical evidence of the collision’s severity and the point of impact. Insurance companies and defense attorneys often examine this evidence to challenge your injury claims or dispute how the accident occurred.
Do not repair or discard your bicycle before consulting an attorney. Even seemingly minor damage provides valuable information about impact force and collision dynamics. Store the damaged bicycle in a safe, dry location where it will not be disturbed or further damaged. Take detailed photographs showing all damage before moving it.
Keep your helmet if you were wearing one, even if it appears undamaged. Helmets often show hidden internal damage from impacts that protected your head from more severe injury. Your attorney or an expert may need to examine the helmet to prove the force of collision or demonstrate that your helmet use reduced your injuries.
Preserve torn or bloodstained clothing in a sealed plastic bag. While unpleasant to keep, damaged clothing often shows impact points and helps reconstruct the accident. Cycling shoes, gloves, and other gear may also contain evidence of how you landed or slid across pavement.
Notify Your Insurance Company
Most cyclists do not realize their own insurance policies may provide coverage for bicycle accident injuries. Multiple policies might apply depending on your specific situation and the accident circumstances.
Contact your auto insurance company even if you were not driving a car when the accident happened. Many auto policies include medical payments coverage or personal injury protection that covers injuries sustained as a pedestrian or cyclist. These coverages often pay medical bills regardless of who caused the accident, providing quick access to funds for treatment.
Check your homeowners or renters insurance policy as well. These policies sometimes include personal liability coverage or medical payments provisions that apply to bicycle accidents. Your health insurance will cover medical treatment, though the insurance company may seek reimbursement later if you recover compensation from the at-fault driver.
Report the accident promptly because most policies require notification within specific timeframes, often 24 to 72 hours. Failure to report within the required period can result in denial of coverage. When reporting, provide only basic facts about when and where the accident occurred without speculating about fault or discussing the full extent of your injuries until you consult an attorney.
Avoid Common Mistakes That Damage Your Claim
The days and weeks following a bicycle accident present numerous opportunities to inadvertently harm your legal case. Insurance companies exploit these mistakes to minimize or deny your compensation.
Never provide a recorded statement to the at-fault driver’s insurance company without consulting an attorney first. Insurance adjusters sound friendly and helpful while asking questions designed to get you to contradict yourself, downplay your injuries, or accept partial blame. Georgia’s comparative negligence law means any fault attributed to you reduces your compensation dollar-for-dollar.
Do not post about your accident on social media. Insurance companies routinely search Facebook, Instagram, Twitter, and other platforms for posts, photos, or comments they can use against injury victims. A photo of you smiling at a family gathering gets twisted into “proof” you are not really injured, and casual comments about your recovery can be taken out of context.
Resist the temptation to accept a quick settlement offer. Insurance companies often contact accident victims within days offering fast payment in exchange for signing a release. These initial offers typically represent a fraction of your claim’s true value because the insurance company knows you do not yet understand the full extent of your injuries or long-term consequences.
Consult a Personal Injury Attorney
Most bicycle accident cases involve complex legal issues including comparative negligence, insurance policy interpretation, and calculation of non-economic damages. Attempting to handle these matters alone while recovering from injuries puts you at a severe disadvantage against experienced insurance adjusters and corporate lawyers.
Georgia personal injury attorneys typically offer free consultations, allowing you to understand your rights and options without financial risk. During this meeting, the attorney will review the facts of your accident, assess the strength of your claim, and explain what compensation you may be entitled to recover.
An experienced bicycle accident lawyer knows how to counter common insurance company tactics and can often negotiate settlements worth several times more than victims obtain on their own. Attorneys handle all communication with insurance adjusters, protecting you from saying anything that could harm your case while you focus on physical recovery. They also work on contingency, meaning you pay no attorney fees unless they recover compensation for you.
Georgia law provides two years from the date of injury to file a personal injury lawsuit under O.C.G.A. § 9-3-33. While two years may seem like plenty of time, crucial evidence disappears and witnesses become harder to locate as months pass. Consulting an attorney soon after your accident preserves evidence while details remain fresh and ensures important deadlines are not missed.
Understanding Your Rights as a Cyclist in Georgia
Georgia law grants bicyclists the same rights and responsibilities as motor vehicle drivers under O.C.G.A. § 40-6-294. This legal equivalence means drivers must treat cyclists with the same respect and caution they show other vehicles.
Motorists must maintain at least three feet of clearance when passing a bicycle under O.C.G.A. § 40-6-56. Drivers who fail to provide adequate passing distance and cause accidents bear liability for resulting injuries. Similarly, drivers turning right must yield to cyclists traveling straight through intersections, and drivers opening car doors must check for approaching bicycles to avoid “dooring” accidents.
Despite these legal protections, insurance companies often try to blame cyclists for accidents by claiming they were riding unsafely, did not have proper lights, or violated traffic laws. Understanding your rights helps you recognize when the insurance company is misrepresenting the law to avoid paying your legitimate claim. Your attorney can counter these tactics by pointing to specific Georgia statutes that protect cyclist rights and prove the driver violated their legal duty.
Documenting Your Injuries and Treatment
Insurance companies pay compensation based on documented medical evidence, not on how much pain you feel or how significantly the accident disrupted your life. Creating a comprehensive record of your injuries and treatment becomes essential to maximizing your recovery.
Keep a daily journal describing your pain levels, physical limitations, and how injuries affect your normal activities. Note when you cannot work, miss family events, or need help with basic tasks like dressing, cooking, or household chores. These personal records help your attorney demonstrate non-economic damages such as pain and suffering that do not appear in medical charts.
Attend every medical appointment your doctors schedule. Gaps in treatment allow insurance companies to argue your injuries were not serious or that you failed to mitigate your damages. Follow all treatment recommendations including physical therapy, specialist consultations, and psychological counseling if you develop anxiety or trauma related to the accident.
Save every medical bill, prescription receipt, and explanation of benefits from your health insurance. Track mileage to medical appointments, parking fees, and costs for medical equipment like crutches or braces. These out-of-pocket expenses count as part of your economic damages even if they seem small individually.
Dealing with Insurance Adjusters
The at-fault driver’s insurance company will likely contact you within days of the accident. Understanding what insurance adjusters really want helps you avoid their traps and protect your claim.
Remember that adjusters work for the insurance company, not for you, regardless of how sympathetic they sound. Their job is to minimize what the company pays on your claim, and they receive training in techniques to achieve that goal. Every conversation is being documented for potential use against you later.
Politely decline to provide a recorded statement until you consult an attorney. Tell the adjuster you are still receiving medical treatment and will be in touch once you fully understand your injuries. You have no legal obligation to provide a statement to the other driver’s insurance company, despite what the adjuster may imply.
Do not sign any documents, including medical records release forms, without having your attorney review them first. Insurance companies use overly broad medical release forms to access your entire medical history looking for pre-existing conditions they can blame for your current injuries. Your attorney can provide appropriate documentation that gives the insurance company what they legitimately need without exposing private health information they have no right to access.
Calculating the Value of Your Bicycle Accident Claim
Bicycle accident victims in Georgia can recover several categories of damages depending on their specific circumstances and the severity of their injuries. Understanding what compensation you may be entitled to receive helps you evaluate whether settlement offers are fair.
Economic damages include all measurable financial losses such as past and future medical expenses, lost wages from missed work, reduced earning capacity if injuries prevent you from returning to your previous job, and property damage to your bicycle and gear. These damages are calculated based on bills, receipts, pay stubs, and expert testimony about future needs.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. Georgia law does not cap non-economic damages in most personal injury cases, meaning juries can award whatever amount they believe fairly compensates your intangible losses. Insurance companies often undervalue these damages because they are subjective and harder to calculate than medical bills.
In rare cases involving extremely reckless conduct, Georgia law allows punitive damages under O.C.G.A. § 51-12-5.1. These damages punish the wrongdoer and deter similar conduct rather than compensating your losses. Punitive damages might apply if the driver was extremely intoxicated, fled the scene, or intentionally struck you.
Negotiating a Fair Settlement
Most bicycle accident claims settle without going to trial, but accepting a fair settlement requires understanding your case’s value and recognizing lowball offers. Insurance companies count on injury victims being desperate for money and unfamiliar with the claims process.
Your attorney will send a demand letter to the insurance company once you complete treatment or reach maximum medical improvement. This letter outlines the accident facts, establishes the driver’s liability, documents your injuries and treatment, and demands a specific compensation amount based on all your damages.
The insurance company will likely respond with a counteroffer significantly lower than your demand. This begins the negotiation process where your attorney and the adjuster exchange offers and counteroffers. Negotiation can take weeks or months depending on case complexity and how far apart the initial positions are.
Do not feel pressured to accept any offer that does not fully compensate your losses. Your attorney can file a lawsuit if negotiations reach an impasse, which often motivates insurance companies to make more reasonable offers. Georgia juries have awarded substantial verdicts in bicycle accident cases, and insurance companies know taking a strong case to trial could cost them far more than settling fairly.
When to File a Lawsuit
Filing a lawsuit becomes necessary when the insurance company refuses to offer fair compensation or disputes liability despite clear evidence the driver caused your accident. While most cases settle, having an attorney prepared to litigate protects your interests and provides leverage during negotiations.
Georgia law requires bicycle accident lawsuits to be filed within two years of the injury date under O.C.G.A. § 9-3-33. Missing this statute of limitations deadline means losing your right to recover compensation forever regardless of how strong your case is. Cases involving government vehicles or government employees may have shorter notice requirements under the Georgia Tort Claims Act, making early consultation with an attorney even more critical.
The lawsuit process begins with filing a complaint in the appropriate Georgia court and serving it on the defendant. The defendant’s insurance company hires a lawyer to file an answer and begin discovery. Discovery includes exchanging documents, answering written questions, and conducting depositions where witnesses testify under oath. Your attorney may also hire expert witnesses such as accident reconstruction specialists or medical experts to support your case.
Many cases settle after the lawsuit is filed but before trial as both sides better understand the strengths and weaknesses of their positions. If settlement cannot be reached, the case proceeds to trial where a jury hears evidence and decides both liability and damages.
Recovering Compensation When the Driver Is Uninsured
Georgia requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury under O.C.G.A. § 33-34-4, but many drivers ignore this requirement and operate vehicles illegally without coverage. Other drivers carry only minimum limits that are inadequate to compensate serious injuries.
If the at-fault driver lacks insurance or sufficient coverage, your own uninsured motorist coverage can pay your claim. UM coverage is included in most Georgia auto insurance policies and covers injuries you sustain from uninsured or underinsured drivers even when you are riding a bicycle. Check your policy declarations page or contact your insurance agent to confirm your UM coverage limits.
Making a UM claim involves notifying your own insurance company and providing evidence of the other driver’s fault and your damages. Your insurance company steps into the shoes of the at-fault driver’s insurer, but they still aim to minimize what they pay. You may need your attorney to negotiate with your own insurance company just as aggressively as they would negotiate with the other driver’s insurer.
MedPay coverage or medical payments coverage under your auto policy provides another source of compensation for medical bills regardless of fault. MedPay typically offers between $1,000 and $10,000 in coverage and pays quickly without requiring proof the other driver was at fault, providing immediate funds for treatment while you pursue your larger injury claim.
Special Considerations for Hit and Run Accidents
Hit and run bicycle accidents present unique challenges because the at-fault driver flees before you can identify them or exchange information. Georgia law makes leaving the scene of an accident a crime under O.C.G.A. § 40-6-270, but criminal penalties do not help you recover compensation if the driver is never found.
Report hit and run accidents to police immediately with as much information as possible about the vehicle. Try to remember the make, model, color, and license plate number even if you only saw them briefly. Note the direction the vehicle fled and any distinguishing features like damage, bumper stickers, or custom modifications.
Check the area for security cameras or dashboard cameras that may have captured the accident or the fleeing vehicle. Nearby businesses, traffic cameras, and residential doorbell cameras sometimes record incidents without anyone realizing. Your attorney can help identify and preserve this footage before it is automatically deleted.
Your uninsured motorist coverage typically applies to hit and run accidents where the driver cannot be identified. Insurance policies treat unknown hit and run drivers the same as uninsured drivers for coverage purposes, allowing you to file a UM claim with your own insurance company to recover compensation.
Addressing Permanent Injuries and Long-Term Impacts
Severe bicycle accidents can cause permanent injuries that affect victims for the rest of their lives including traumatic brain injuries, spinal cord damage, amputations, and chronic pain conditions. These catastrophic injuries require additional legal considerations beyond typical accident cases.
Calculating damages for permanent injuries must account for future medical needs including surgeries, rehabilitation, assistive devices, and ongoing care. Life care planners and medical experts help project these future costs over your expected lifetime. Failing to include future expenses in your settlement means you absorb those costs yourself because settling releases the insurance company from all future claims.
Permanent disabilities often prevent victims from returning to their previous employment or require career changes to less physically demanding and lower-paying work. Vocational rehabilitation experts assess your remaining work capacity and calculate lost earning potential over your remaining work life. This lost income can dwarf immediate medical expenses and must be fully accounted for in any settlement.
Permanent scarring, disfigurement, or loss of function dramatically impacts quality of life beyond measurable financial losses. Georgia juries have awarded substantial compensation for permanent injuries that rob victims of independence, mobility, recreational activities, and normal life experiences. Your attorney can present compelling evidence of how permanent injuries changed your life to maximize non-economic damages.
Conclusion
The steps you take immediately after a bicycle accident in Georgia directly impact your ability to recover full compensation for your injuries and losses. Seeking prompt medical care, thoroughly documenting the scene, gathering witness information, and avoiding common mistakes that insurance companies exploit all strengthen your claim significantly. Georgia law protects cyclist rights and provides multiple avenues for compensation, but these legal protections only help if you preserve evidence and follow proper procedures in the crucial hours and days following your accident. Consulting an experienced personal injury attorney early in the process ensures you avoid pitfalls that could permanently damage your case while someone with expertise handles negotiations and legal complexities so you can focus on physical recovery. The experienced bicycle accident attorneys at Wetherington Law Firm understand the unique challenges cyclists face after accidents and fight aggressively to hold negligent drivers accountable while maximizing compensation for every client. Call (404) 888-4444 today for a free consultation to discuss your bicycle accident case and learn how we can protect your rights and secure the compensation you deserve.
Frequently Asked Questions
Do I need a police report for a bicycle accident in Georgia?
While not absolutely required by law in every situation, obtaining a police report is essential for protecting your insurance claim and legal rights. Georgia law requires reporting accidents involving injury or significant property damage under O.C.G.A. § 40-6-273, and bicycle accidents nearly always meet this threshold. Police reports document the accident facts while details are fresh, identify the at-fault driver and their insurance, and often include witness statements that become crucial evidence later.
Insurance companies routinely deny claims or dispute liability when no police report exists because they can more easily claim the accident never happened or occurred differently than you describe. Even if the driver seems cooperative at the scene, circumstances can change quickly once they consult their insurance company and realize the potential cost of your claim. The few minutes spent waiting for police at the scene can save months of frustration and thousands of dollars in lost compensation.
What if I was partially at fault for the bicycle accident?
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33, meaning you can still recover compensation even if you were partially responsible for the accident as long as you were less than 50% at fault. Your compensation is reduced by your percentage of fault, so if a jury finds you 20% at fault and awards $100,000, you receive $80,000.
This rule makes determining exact fault percentages critical to maximizing your recovery. Insurance companies aggressively try to shift blame onto cyclists by claiming you failed to signal, were not visible, or violated traffic laws, even when the driver clearly caused the collision. An experienced attorney can counter these tactics with evidence showing the driver bore primary responsibility, minimizing the fault percentage attributed to you and protecting your right to fair compensation.
How long do I have to file a bicycle accident claim in Georgia?
Georgia law provides two years from the date of injury to file a personal injury lawsuit under O.C.G.A. § 9-3-33. This statute of limitations deadline is absolute, and courts dismiss cases filed even one day late regardless of how strong your claim is or how serious your injuries are.
Two years may seem like plenty of time, but waiting too long to take action harms your case in multiple ways. Physical evidence disappears, witnesses move or forget important details, and medical records become harder to obtain as time passes. Additionally, your attorney needs substantial time before the deadline to investigate the accident, gather evidence, negotiate with insurance companies, and prepare court filings if litigation becomes necessary. Starting the process early protects your rights and gives your attorney maximum opportunity to build the strongest possible case.
Can I claim compensation if the driver was uninsured?
Yes, you can still recover compensation through your own uninsured motorist coverage if the at-fault driver lacks insurance or does not carry enough coverage to fully compensate your injuries. UM coverage is included in most Georgia auto insurance policies and covers injuries you sustain from uninsured or underinsured drivers even when you are riding a bicycle rather than driving.
Your UM claim is made against your own insurance company, and they evaluate your claim just as the at-fault driver’s insurer would. You must still prove the other driver was at fault and document your injuries and damages. Your insurance company may dispute liability or the value of your claim despite being legally obligated to protect you from uninsured drivers, making legal representation just as important in UM claims as in third-party claims.
Should I accept the insurance company’s first settlement offer?
Insurance companies routinely make lowball initial offers hoping accident victims will accept quick money without understanding their claim’s true value. These first offers typically come within days or weeks of the accident when you have not completed medical treatment, do not know if you will fully recover, and have no way to accurately calculate future medical needs or lost earning capacity.
Accepting an early settlement requires signing a release that forever bars you from seeking additional compensation even if your injuries prove far more serious than initially believed. You cannot reopen the case later when you discover you need surgery, cannot return to work, or develop chronic pain. Consulting an attorney before accepting any settlement ensures you understand what compensation you should receive and protects you from signing away valuable rights for inadequate payment.
What damages can I recover in a Georgia bicycle accident case?
Georgia bicycle accident victims can recover several categories of damages depending on their specific injuries and circumstances. Economic damages include all past and future medical expenses, lost wages and benefits from missed work, reduced earning capacity if injuries prevent returning to your previous job, costs for rehabilitation and assistive devices, and property damage to your bicycle and cycling equipment.
Non-economic damages compensate pain and suffering, emotional distress, loss of enjoyment of life, permanent scarring or disfigurement, and loss of companionship or consortium for married victims. Georgia does not cap non-economic damages in most injury cases, meaning seriously injured victims can recover substantial compensation for intangible losses. In cases involving gross negligence or intentional conduct, punitive damages under O.C.G.A. § 51-12-5.1 may also be available to punish the wrongdoer and deter similar future conduct.
How much does it cost to hire a bicycle accident attorney?
Most personal injury attorneys representing bicycle accident victims work on contingency, meaning you pay no upfront fees and your attorney receives payment only if they recover compensation for you. The attorney fee comes as a percentage of your recovery, typically 33% to 40% depending on whether the case settles or goes to trial.
Contingency arrangements allow injury victims to afford experienced legal representation regardless of their financial situation. You risk nothing by consulting an attorney because the initial consultation is free, and you owe nothing if your attorney cannot recover compensation. This arrangement also aligns your attorney’s interests with yours since they only get paid when you get paid and earn more when your recovery increases.
What should I do if the driver’s insurance company contacts me?
Politely tell the adjuster you are still receiving medical treatment and will be in touch once you understand the full extent of your injuries, then contact a personal injury attorney before providing any information. Insurance adjusters may sound friendly and helpful, but their actual job is minimizing what the company pays on your claim.
Do not provide a recorded statement, sign any documents, or authorize release of medical records without consulting an attorney first. Adjusters use carefully worded questions designed to get you to contradict yourself, downplay your injuries, or accept partial blame. Anything you say can be used against you later to reduce or deny your claim. You have no legal obligation to provide a statement to the other driver’s insurance company, despite what the adjuster may imply.