A car accident claim is usually a claim against the at-fault driver's liability insurance, and sometimes against your own policy. The insurer's job is to pay as little as the law allows. Knowing what evidence matters, which state rules apply and how long you have to act puts you in a better position, whether you settle directly or hire an attorney.
When to ask an attorney to assess the case
These situations commonly justify a free consultation. None of them means you have a valid claim; that is for an attorney to assess.
- You were treated at a hospital, missed work or are still in pain weeks after the crash.
- The other driver's insurer is disputing fault, delaying, or has offered a quick settlement before you know the full extent of your injuries.
- The other driver was uninsured, underinsured or left the scene.
- More than two vehicles were involved, or a commercial vehicle, rideshare or government vehicle was involved.
- The insurer has asked for a recorded statement or a signed medical authorization.
Facts and evidence that matter
- The police crash report, including any citations issued and the officer's diagram.
- Photos and video of the vehicles, the scene, skid marks, traffic signals and weather.
- Names and contact details of witnesses, and any nearby dash-cam or business camera footage.
- Medical records that link each injury to the crash, plus bills and proof of lost wages.
- The other driver's insurance details and, where relevant, phone records or event data recorder (black box) data.
How state law affects the claim
Personal injury law is state law. The examples below name Georgia and Tennessee because those states have dedicated guides on this site; your own state's rules may differ.
- Fault rules decide whether your own share of blame reduces or eliminates your recovery. Most states reduce damages by your percentage of fault and bar recovery at 50 or 51 percent; a few bar recovery for any fault. Georgia bars recovery at 50 percent or more; Tennessee bars recovery unless your fault is less than the defendant's.
- No-fault states require you to claim medical costs from your own personal injury protection coverage first and limit lawsuits to more serious injuries. Georgia and Tennessee are at-fault states, so you claim against the at-fault driver's insurer.
- Minimum liability insurance limits set how much the at-fault driver's policy can pay. Georgia and Tennessee both require at least $25,000 per person and $50,000 per accident for injuries. Serious injuries often exceed these limits, which is where underinsured motorist coverage on your own policy matters.
Deadlines and early notices
There is no national personal injury deadline. Each state sets its own statute of limitations, and separate notice rules often apply to claims against government bodies. Missing a deadline usually ends the claim.
- The deadline to file a lawsuit is set by each state's statute of limitations. Georgia allows two years from the injury for most personal injury claims; Tennessee allows only one year. Other states range from one to six years, and missing the deadline usually ends the claim.
- Claims involving a city, county or state vehicle often require a written notice long before the lawsuit deadline. In Georgia, a claim against a city must be presented in writing within six months, and a claim against the state within 12 months; in Tennessee, claims against local governments must be filed within 12 months.
- Your own insurance policy may set short notice deadlines for uninsured motorist or medical payments claims. Read the policy and give notice early.
What compensation may cover
- Medical expenses, including emergency care, surgery, therapy and reasonably expected future treatment.
- Lost wages and reduced earning capacity.
- Pain and suffering, and loss of enjoyment of life.
- Vehicle repair or replacement and other property damage.
- In limited cases involving reckless conduct, punitive damages where state law allows them.
What can limit recovery
- Your own share of fault, under the state's comparative or contributory negligence rule.
- Gaps in treatment or pre-existing conditions that make it harder to tie an injury to the crash.
- Recorded statements or social media posts that contradict your account.
- Low policy limits on the at-fault driver's insurance and no underinsured motorist coverage of your own.
- Signing a release or accepting a settlement before the full extent of the injury is known.
What happens after you submit a request
Your request is shared with participating attorneys and legal services partners who accept car accident inquiries in your state. If one is available, they will usually contact you by phone to ask about the crash, your injuries and the insurance involved, then offer a free initial consultation. You decide whether to hire anyone.
Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request is not a legal determination and does not create an attorney-client relationship. Whether a participating attorney is available depends on your state and case type. You can verify any attorney's license through the state bar: State Bar of Georgia member directory; Tennessee Board of Professional Responsibility attorney search. How Ask Legal Matters works.
How fees and expenses work
Most personal injury attorneys work on a contingency fee: a percentage of any settlement or verdict, with no fee owed if there is no recovery. Case expenses (filing fees, records, experts, depositions) are separate. Some attorneys advance them and deduct them from the recovery; others may ask you to repay them even if the case is lost. Read the written fee agreement before signing, and ask how expenses are handled.
Frequently asked questions
What should I do right after a car accident?
Get medical attention even if you feel fine, call the police so a report is made, photograph the scene and vehicles, exchange insurance details, collect witness contacts and avoid discussing fault. Before giving a recorded statement to the other driver's insurer, consider speaking with an attorney.
Can I still recover if I was partially at fault?
In most states, yes, with your damages reduced by your share of fault. Many states, including Georgia, bar recovery once your fault reaches 50 percent; Tennessee bars recovery unless your fault is less than the other party's. A few states bar recovery for any fault. An attorney licensed in your state can tell you which rule applies.
How long do I have to file a claim?
It depends on your state. Georgia allows two years for most injury lawsuits and Tennessee one year, and claims against government bodies often require written notice within months. Acting early also preserves evidence such as camera footage.
Should I accept the insurer's first offer?
Early offers are often made before the full cost of treatment is known and cannot be reopened once you sign a release. Compare the offer with your documented medical costs, lost income and expected future care first, and consider a free attorney consultation.
Ask Legal Matters is a legal lead-generation service, not a law firm. We share case review requests with independent attorneys and law firms; we do not provide legal advice or representation. This page is attorney advertising and does not constitute legal advice. Case acceptance and outcomes are decided by the attorney and are not guaranteed. Consult a licensed attorney about your specific situation.
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