Auto accidents happen every hour of every day in Georgia. Whether you have been in a fender-bender on 316 or a serious collision on a rural two-lane road in Athens-Clarke County, Oconee County, or Walton County. The steps you take in the hours and days that follow can have a significant impact on your ability to recover fair compensation.

Lucas Cowan is a personal injury attorney and partner at Boggs, Cowan, and Fargione in Watkinsville, Georgia. Before representing accident victims, he served as a prosecutor for the State of Georgia — handling felony and misdemeanor cases through trial — and later worked as in-house trial counsel for the nation's largest property, casualty, and auto insurance company. That combination of courtroom experience and insurance industry knowledge gives him a perspective on auto accident cases that few attorneys in Georgia can match.

Below, he answers some of the questions he hears most often from accident victims across Athens-Clarke, Oconee, Walton, Gwinnett, Newton, Barrow, Morgan, and Rockdale Counties.

Q: What should I do immediately after a car accident in Georgia?

The first priority is always safety and medical care. Call 911, even if no one appears to be seriously injured. A police report creates an official record of what happened, and that document can be critically important later when liability is disputed.

Beyond that, if you're physically able, exchange information with the other driver — name, insurance information, driver's license, and phone number. Take photos and video of the scene, the vehicles, the road conditions, and any visible injuries. If there are witnesses, get their names and contact information right away, because their recollection is sharpest at the scene.

And do not admit fault. Even if you think you contributed to the accident, Georgia is a modified comparative negligence state — meaning you can still recover damages as long as you are found to be less than 50% at fault. Let the investigation sort out the facts.

Q: What should I absolutely NOT do after an accident?

A few things. Don't leave the scene — doing so when someone is injured or there is property damage is a criminal offense. Don't underestimate your injuries, either. Some of the most serious injuries from auto accidents, like traumatic brain injuries and internal bleeding, don't always present immediate symptoms. See a doctor promptly, even if you feel fine.

Most importantly: do not give a recorded statement or release medical records to the other driver's insurance company without first speaking to an attorney. This is one of the most common mistakes I see. The other party's adjuster is not on your side — their job is to minimize what they pay out. That's not a criticism; it's simply how the business works, and I know it well from the inside.

Q: How do insurance companies approach auto accident claims?

Insurance companies are for-profit businesses. They generate revenue through premium payments and improve their margins by minimizing the amount they pay in claims. That's not speculation — it's the operating model, and I saw it up close during my time as in-house trial counsel for the nation's largest auto insurer.

What that means practically is that when an adjuster calls you shortly after an accident with a settlement offer, that offer almost certainly does not reflect the full value of your claim. It will typically cover property damage and immediate medical bills. It will rarely account for future medical expenses, lost earning capacity, pain and suffering, or emotional distress — all of which may be fully compensable under Georgia law.

Q: What types of damages can I recover after a Georgia car accident?

Georgia law allows accident victims to pursue several categories of compensation. Economic damages cover your concrete financial losses: medical bills (past and future), lost wages (past and future), reduced earning capacity, and property damage. Non-economic damages compensate you for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving especially reckless or intentional conduct, punitive damages may also be available.

The full range of damages you're entitled to is frequently much broader than what an insurance company will voluntarily offer. One of the most important things an attorney does is ensure all compensable categories are accounted for before any settlement is accepted.

Q: Should I release my medical records to the other driver's insurance adjuster?

Generally, no — not without guidance from your attorney. The other insurer may ultimately need certain records related to your accident injuries, but there's a meaningful difference between records that are relevant to your claim and your full medical history. An attorney can help narrow that request so you're not handing over information that could be used to undervalue or deny your claim.

Q: Do I have to go to court?

Most auto accident cases in Georgia are resolved through settlement negotiations, not trials. That said, a willingness to go to trial — and the credibility to back it up — matters enormously during negotiations. Insurance adjusters assess the litigation risk on every file, and an attorney with a real trial record is a different kind of opponent than one who settles everything quietly.

My background as a prosecutor means I've tried cases before judges and juries throughout Georgia. I know how to present evidence, cross-examine witnesses, and argue in a courtroom. That experience doesn't just matter at trial — it changes the settlement dynamic well before we even get there.

Q: What if I was partly at fault for the accident?

You may still be able to recover. Georgia follows a modified comparative negligence rule. Under that standard, your damages are reduced by your percentage of fault — but as long as you are found to be less than 50% responsible for the accident, you can still recover compensation. If you're found 50% or more at fault, you're barred from recovering anything. This is precisely why having an attorney who can investigate the accident thoroughly, preserve evidence, and build a clear account of what happened is so important.

Q: What if I don't feel hurt right away?

See a doctor anyway. Certain injuries — whiplash, concussions, soft tissue damage, and internal injuries — may not produce obvious symptoms for hours or days after an accident. If you wait and symptoms emerge later, the insurance company will argue that your injuries weren't caused by the accident. Getting evaluated promptly within 24-48 hours protects both your health and your claim.

Q: How much is my auto accident claim worth?

There's no universal answer, but there are meaningful factors: the severity of your injuries, your medical expenses, your lost income, the impact on your quality of life, the clarity of liability, and the insurance coverage available. Settlements range from hundreds of dollars to millions, depending on the circumstances.

What I can tell you is that unrepresented claimants consistently receive lower settlements than those with legal representation. Insurers know who has an attorney and who doesn't, and they adjust their offers accordingly. I've seen it from both sides of the table.

Q: How much does it cost to hire an auto accident attorney in Georgia?

Most injury attorneys, including those at Boggs, Cowan, and Fargione, handle auto accident cases on a contingency fee basis. That means you pay no attorney's fees unless we recover compensation for you — and even then, fees come out of the settlement or award, not your own pocket. If we don't win, you don't owe us fees.

Q: When should I contact an attorney after a car accident?

As soon as possible. Georgia's statute of limitations gives accident victims a window to file a lawsuit, but that window is finite, and insurance adjusters know the deadline. Some will string out negotiations right up to the edge of that deadline — and if you miss it, your right to sue is likely gone regardless of how strong your case is. An early consultation costs you nothing and gives you a clear picture of your rights and your options.

Lucas Cowan is a partner at Boggs, Cowan, and Fargione, handling injury and auto accident cases throughout Georgia, including Athens-Clarke County, Oconee County, Walton County, Gwinnett County, Newton County, Barrow County, Morgan County, and Rockdale County. Call him at 706-637-3343 for a free consultation.