After you’ve been injured in a car accident, it is very important that you call the police and that the police take down a report. A Georgia Uniform Vehicle Accident Report identifies the drivers involved, witness contact information, any citations issued, and a diagram as to how the wreck occurred.
The primary indicator of whether you can be compensated after a car wreck is fault. If the other driver was at fault, then they are obligated under Georgia law to compensate you for your harms and losses. This is why a police report is important. It is the law enforcement’s after-the-fact assessment of how the wreck occurred. An officer’s testimony, based on the police report, is used every day in courts across the state.
But what happens when there is no police report? Don’t worry. Things are not lost. You will still build your case the same way as if you had a report. This will entail hiring a personal injury lawyer to help you.
Unfortunately, many insurance companies will not take a case seriously if there was not report. However, if you’ve been injured, and can show that the other driver is responsible, then you can make them take you seriously.
The primary goal will be to establish fault. This will be easier in some wrecks than in others. For example, in Georgia, there is generally a rebuttable presumption that a person that rear ends another is responsible for the collision. Witness statements will be important if the type of wreck cannot establish fault. So, if a pedestrian corroborates your story, or can testify that the other driver was driving erratically prior to the wreck, this would help sway the case.
Further, the condition, location, and action of the vehicles after a wreck can help determine fault. Again, if there is damage to the back bumper of your vehicle and the other car has front damage, this would support that you were rear ended. If the other car collided with you and then spun around three times, this would suggest that the car was travelling at high rate of speed, possibly in excess of the speed limit.
These are just a few items to consider if you’ve been injured in a car accident in which no police report was rendered. An experienced car accident lawyer can help you build your case. So please, don’t hesitate, call and speak to one of our experienced lawyers at Schenk Smith today. Our consultations are always free.