After a car accident, emotions often run high. It is natural to feel overwhelmed, confused or even apologetic in the wake of a crash, especially if someone is hurt and/or vehicles are damaged. However, in Georgia, which follows a fault-based system and applies a modified comparative negligence rule to personal injury cases, admitting fault at the scene of a crash can result in serious consequences.
As a result of Georgia’s fault-based system, the party responsible for causing an accident is also generally held responsible for the resulting damages. Georgia’s modified comparative negligence rule states that if you are found to be 50 percent or more at fault for a crash, you will be barred from recovering any damages. If you are found to be less than 50 percent at fault, any compensation to which you may be entitled from another at-fault party will be reduced in proportion to your share of the blame.
What is at stake
Admitting fault after an accident can take several forms. Direct statements such as “I’m sorry,” “It was my fault,” or “I didn’t see you,” may be interpreted by insurers or opposing attorneys as an acknowledgment of liability. Even seemingly harmless comments made in an attempt to be polite or calm another driver can be used against you later. Additionally, providing a written statement or signing anything without consulting an attorney may also be considered an admission of fault.
The consequences of admitting fault can be serious. Insurance adjusters may deny your claim or reduce the amount you are entitled to receive. If the case goes to court, your own words may be used as evidence against you, limiting your ability to recover compensation for medical bills, lost income and/or pain and suffering.
To protect yourself, it is important to avoid discussing fault at the scene of a wreck. Do not make assumptions or speculate about what happened. When speaking with law enforcement, provide factual information without expressing opinions about who caused the accident.
If possible, take photos of the vehicles, road conditions and any visible injuries. Collect names and contact information from witnesses. All of this can help your attorney and insurance company accurately assess fault based on evidence rather than statements made in the heat of the moment.
Admitting fault, even unintentionally, can put your ability to seek justice for any harm you have suffered at risk. By staying calm, sticking to the facts and seeking legal counsel early, you’ll give yourself the best chance of securing the compensation you deserve.