I Told the Other Driver Our Car Wreck Was My Fault. Does that Doom My Injury Claim?

The sound of metal against metal, the rush of adrenaline, and the sounds of pain – the seconds and minutes after a car wreck can be a time of serious emotional and psychological trauma in addition to whatever physical injuries you may experience. More likely than not, you will wind up speaking with the driver of the other vehicle shortly after the collision, at a minimum to exchange insurance and contact information and to see if they are okay. But beyond that, you may also wind up talking about what happened. Perhaps you believe you were in the wrong and you tell the other driver, apologizing for good measure.

If you tell the other driver that you believe the accident was your fault, does that mean you are out of luck if you later want to obtain compensation for your injuries?

There is no question that statements you make to the other driver, witnesses, or even the police can be admissible in court and can be used to undermine any claims you may make that the accident was the other driver’s fault. Such statements will also be used by the other driver’s insurance company to deny any liability for your injuries, resulting in them offering you little or nothing to resolve your claim.

But even if you were in fact partially to blame – and you’ve admitted it – you may still obtain damages from the other driver if he or she was partially at fault, so long as they were more at fault than you were. Under Georgia law, if you are found to be less at fault than the defendant(s), you may still be able to recover damages, but “the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.” However, if a judge or jury finds that you were 50 percent or more responsible for the injury or damages claimed,” you will be barred from recovering any damages at all.

Even if you believe that you may have been at fault for your car wreck, you should consult with an experienced Georgia personal injury lawyer to discuss your case. You still may be able to recover compensation for your injuries, and the determination of how much each party to an accident was at fault depends on many factors. At Parian Law Firm, we represent injury victims exclusively and are committed to getting justice and compensation for our clients. Please contact us at (770) 727-5550 or chat live online with a member of our staff today.