Accepting cash from the driver who caused your car accident might seem like a quick and uncomplicated solution. However, only one individual really benefits in that situation, and that is the at-fault party. You, on the other hand, could end up paying thousands in uncovered damages. Read the latest blog article from Roden Law to see why.
Table of Contents
- Is It Against the Law To Offer or Accept Cash After a Car Crash?
- What Is the Risk of Accepting a Cash Offer?
- Are Drivers Legally Required To Report a Car Crash?
- Why Do At-Fault Drivers Offer Cash?
- What Are the Disadvantages of Accepting Cash From an At-Fault Driver?
- Should I Still Talk To a Lawyer After Accepting Cash?
- Injured By a Negligent Driver? Call Our Injury Law Firm
Injured by a negligent driver in Georgia? If so, you do not have to try to manage your legal claim alone. Our trusted car accident lawyers in Savannah are here to help you. We advocate for injured crash victims every day, something we have been doing for decades. During that time, we have recovered millions in compensation for our clients.
Request a FREE case review to find out if you have legal options: 1-844-RESULTS.
Is It Against the Law To Offer or Accept Cash After a Car Crash?
In Georgia, it is perfectly legal for at-fault drivers to offer cash to the victim of a car crash. It is also within your legal rights as a victim to consider and accept such an offer.
Since Georgia is an at-fault state, however, drivers who cause crashes are considered legally liable for the damages they cause. As such, the law permits you, as a crash victim, to recover compensation for your damages through the at-fault driver’s insurance.
Proving Negligence – Where Things Get Tricky
Victims of any personal injury claim, including those claiming damages from a car crash, must prove there was negligence. This includes establishing how negligence led to the crash, caused their injuries and resulted in medical costs, property damage and other losses. If you cannot prove negligence, you do not have a case.
This is why most crash victims seek legal help. A knowledgeable attorney knows your legal rights and how to protect them. Your lawyer also knows how to accurately assess the full value of your claim and negotiate for full and fair compensation.
What Is the Risk of Accepting a Cash Offer?
Multiple factors go into determining the overall value of a claim. If you accept cash up front, none of those factors are even considered. This means you could be losing out on thousands in compensation for:
- Medical costs
- Physical therapy
- Follow-up medical appointments
- Prescription medication or pain management
- Crutches or other mobility devices
- Property damage
- PTSD and other damages due to emotional trauma
- Lost wages
- And more
Are Drivers Legally Required To Report a Car Crash?
In Georgia, you do not always have to report a crash to the DMV, but you are legally required to report a car accident under the following circumstances:
- The crash caused an estimated $500 in property damage
- A driver or passenger sustained injuries in the crash (even minor injuries must be reported)
- Someone involved in the crash suffered fatal injuries
Why Do At-Fault Drivers Offer Cash?
Before looking at the reasons why accepting a cash offer is a bad idea for you as a crash victim, let’s look at why an at-fault driver may be offering you cash.
Avoiding an Insurance Claim
The other driver probably knows he or she is at fault. If the insurance company gets involved, this would likely mean an increase in the at-fault driver’s monthly premiums.
Paying you cash in exchange for not calling the police or notifying the insurance company gets the at-fault driver completely off the hook for your damages. If you later try to recover more compensation because you discovered the damages cost more than you thought, you now have no proof.
Fear of Legal Consequences
A cash offer protects an at-fault driver who is concerned about the legal consequences of calling police to the scene. Say, for instance, the at-fault driver already has a suspended license for multiple DUI’s or a criminal record for something else. The at-fault driver benefits from not getting the police involved.
Lack of Coverage
Sometimes at-fault drivers offer cash because they do not have adequate insurance coverage. Other drivers may have no insurance coverage at all. Giving you cash helps them to avoid the consequences of driving without insurance.
Driving without insurance is illegal in Georgia and may result in the following consequences if the driver is caught:
- Being assessed with a misdemeanor charge
- Fines of between $200 and $1,000
- Up to 12 months in jail
- Loss of driver’s license for 60 to 90 days
What Are the Disadvantages of Accepting Cash From an At-Fault Driver?
Accepting a cash may seem like a quick and simple solution after being involved in a crash, but it can have many negative repercussions for the victim. These are some of the problems with accepting a cash offer after a crash caused by another driver:
The Offer Does Not Fully Cover the Damages
In the first few weeks to months after a crash, it is impossible to know the full value of your damages. Without a medical exam, you cannot know if you sustained any internal injuries. Your vehicle has not yet been assessed for damage either. Additionally, the value of your car is permanently diminished after it has been involved in a crash, even if it is fully repaired to its pre-crash state.
Forfeits Your Ability To File a Legal Claim
Accepting a cash offer could cause you to lose your right to file a claim later, preventing you from recovering full compensation for your damages.
The at-fault driver has a duty to compensate you for your damages. However, the insurance company may determine that accepting a cash offer fulfills that obligation, even if the amount is far below the value of your claim.
You Forgo Calling Police
If you decide not to report the accident, there will be no police report to support your claim. Seeking compensation of any kind is more difficult without this documentation. The insurance company may dispute the crash even occurred and deny your claim due to lack of evidence.
Should I Still Talk To a Lawyer After Accepting Cash?
Yes, you should still seek advice from a lawyer. A lawyer can assess the unique circumstances of your situation and determine what legal options you may have. It may still be possible to seek additional compensation.
Better still, you may want to decline any cash offers before you discuss the situation with a lawyer. Our attorneys are committed to seeking full compensation for all damages, including future medical expenses, lost wages and non-economic damages such as pain and suffering.
Injured By a Negligent Driver? Call Our Injury Law Firm
The legal professionals at Roden Law are here to help you navigate the complexities of a car accident case and pursue the compensation you deserve.
Schedule a free consultation today to learn more. There are no upfront costs, and our attorneys have a proven track record of getting favorable outcomes for motor vehicle crash claims.
Call us today to discuss your legal options: 1-844-RESULTS.