How to File a Car Accident Claim and Common Mistakes to Avoid w. Ted Spaulding
What you do after an Atlanta car accident decides what your claim is worth under Georgia law. Ted Spaulding of Spaulding Injury Law walks Abby through scene steps, fault rules, deadlines, and when to call a lawyer. Questions answered in this episode: What should you do immediately after an Atlanta car accident? When is the SR-13 form required to report a Georgia car accident? How does Georgia's 50% rule affect what you can recover? Should you give the at-fault insurer a recorded statement? What if the other driver has no insurance? How does UM/UIM coverage work? Topics covered: SR-13 reporting, Georgia fault-based insurance, $25,000 minimum liability, UM/UIM coverage, 50% modified comparative negligence, recorded statements, preservation of evidence letters, vehicle black box data, diminished value, medical liens, two-year statute of limitations, ante litem notice, punitive damages, and Fulton County trial procedure. Georgia statutes referenced: O.C.G.A. § 9-3-33 (two-year statute of limitations), § 40-6-273 (SR-13 reporting), § 51-12-33 (apportionment / 50% bar), § 33-7-11 (UM/UIM coverage), § 36-33-5 (six-month city ante litem), and § 50-21-26 (one-year State of Georgia ante litem). Ted Spaulding on calling the police after every Atlanta crash: "If you're truly not at fault, the police are your best friend. They are the experts that come out." Ted Spaulding on recorded statements with at-fault insurers: "There is no law that requires you to do a recorded statement with the at fault parties insurance company. The only reason why they want it is to try to use it against you later if they can." Ted Spaulding founded Spaulding Injury Law in Atlanta and handles Georgia car accident and personal injury cases on contingency. Free consultation: spauldinginjurylaw.com Phone: (470) 695-9950 Office: 50 Hurt Plaza SE #1536, Atlanta, GA 30303 #AtlantaCarAccident #GeorgiaModifiedComparativeNegligence #SR13Form #UMUIMCoverage #FultonCountyLawyer #GeorgiaAnteLitem The information shared in this episode is for educational purposes only and is not legal advice. Every case is different. To discuss your specific situation, contact Spaulding Injury Law or a licensed Georgia attorney. Chapters 00:00:00 What to Do After a Car Accident in Atlanta, Georgia 00:00:29 What Should You Do Immediately After an Atlanta Car Accident? 00:09:54 Should You Call the Police After a Minor Atlanta Fender Bender? 00:13:15 Are You Required to Report a Car Accident in Georgia? SR-13 Form 00:15:26 Where to Get Medical Care After an Atlanta Crash? EMS to ER 00:19:21 How Does Georgia's Fault-Based Insurance System Work? 00:25:33 What Is Georgia's Minimum Liability Limit? The $25,000 Problem 00:30:04 What Is Georgia's 50% Rule? Modified Comparative Negligence 00:32:33 How Is Fault Determined? The Police Report in Atlanta Cases 00:34:39 How Do You File a Georgia Car Accident Claim? 90-Day Notice Rule 00:38:47 Should You Give Atlanta Insurance Adjusters a Recorded Statement? 00:41:50 How Do Georgia Insurance Companies Reduce or Deny Claims? 00:45:22 What Evidence Wins an Atlanta Crash Case? Video and Black Box Data 00:48:20 How Do Medical Records Affect a Georgia Settlement? Medical Liens 00:52:38 How Long Do You Have to Sue After a Georgia Car Wreck? 00:54:53 Ante Litem Notice: Suing a Georgia City or County After a Crash 00:57:33 Can You File a Claim If You Were Partly at Fault in Georgia? 00:59:03 What Damages Can You Recover in a Georgia Car Accident Claim? 01:02:58 When Should You Settle vs File a Lawsuit in Fulton County? 01:09:07 What Is the Fulton County Trial Process? Discovery and Depositions 01:12:58 When Should You Hire a Car Accident Attorney in Atlanta? 01:14:30 What Are the Biggest Mistakes That Hurt a Georgia Car Claim? 01:16:07 What If the Other Driver Has No Insurance? UM/UIM Coverage 01:17:45 Final Advice for Atlanta Car Accident Victims 01:18:33 How to Reach Spaulding Injury Law in Atlanta
How to File a Car Accident Claim and Common Mistakes to Avoid w. Ted Spaulding
Protecting Atlanta Accident Victims Through Education and Advocacy
The Atlanta Car Accident Attorneys podcast was created to address a critical gap in public understanding of personal injury rights in Georgia. Theodore Spaulding recognized that many accident victims make costly mistakes in the hours and days following a collision simply because they don't know their legal rights or how insurance companies operate. Through candid discussions and real-world examples, this podcast empowers listeners with the knowledge they need to protect their interests after an accident on Atlanta's busy streets and highways.
Each episode tackles specific aspects of personal injury law that directly impact accident victims in the Atlanta metropolitan area. Theodore Spaulding draws from years of experience handling cases involving I-285 accidents, Peachtree Street collisions, downtown pedestrian incidents, and serious crashes throughout Fulton, DeKalb, and Cobb counties. Listeners gain insights into Georgia's unique legal landscape, including the state's modified comparative negligence rule, statute of limitations considerations, and strategies for dealing with major insurance carriers that operate in the region.
“Every accident victim deserves to understand their rights and options. Knowledge is power when you're facing insurance companies with unlimited resources and experienced legal teams working against your interests.”
— Theodore Spaulding, Spaulding Injury Law
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This episode covers essential steps for protecting your rights after an Atlanta car accident, from scene documentation to insurance negotiations.
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Theodore Spaulding
Spaulding Injury Law
Founder & Lead Trial Attorney
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Who Pays When an 18-Wheeler Hits You in Atlanta?
A commercial truck wreck is never a one-driver, one-insurer case. Ted Spaulding of Spaulding Injury Law breaks down the layered coverage stack behind an 18-wheeler on Atlanta roads like I-285, from the $750,000 federal minimum and the MCS-90 endorsement to every party beyond the driver who can owe a Georgia crash victim. Questions answered in this episode: Who is actually on the hook when an 18-wheeler hits you? Why are there usually several insurance policies behind one truck? What is negligent hiring, and how does it open a direct claim against the carrier? How does bad faith insurance law work against a trucking insurer that refuses to settle? Why does the timeline matter given Georgia's two-year deadline? Topics covered: motor carrier liability, federal minimum coverage, the MCS-90 endorsement, Georgia's apportionment statute (OCGA 51-12-33), excess and umbrella policies, owner-operator coverage disputes, cargo loader and shipper liability, freight broker liability, the independent contractor defense, uninsured and underinsured motorist coverage (OCGA 33-7-11), negligent hiring, negligent maintenance, trucking company rapid response teams, bad faith insurance law, economic and non-economic damages, and Georgia's $250,000 punitive damages cap. Ted Spaulding on the coverage stack: "It's not your ordinary car wreck." Ted Spaulding on early settlement offers: "It's a trap. They're trying to get you before you know what your case is really worth." Spaulding Injury Law - Atlanta, Georgia - 20+ years of trial experience. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #TruckAccidentLawyer #MCS90 #GeorgiaApportionment #NegligentHiring #BadFaithInsurance #AtlantaTruckAccident #SpauldingInjuryLaw This podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by listening, watching, or commenting. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:02:21 Who Is Actually on the Hook When an 18-Wheeler Hits You on I-285 00:04:40 Why Are There Usually Several Insurance Policies Behind One Truck 00:06:54 What Is the Federal Minimum Insurance and the MCS-90 Endorsement 00:10:01 How Georgia's Apportionment Law Divides Fault in a Truck Case 00:12:36 What Is Excess or Umbrella Coverage in a Catastrophic Truck Case 00:20:06 How an Owner-Operator's Own Insurance Complicates a Georgia Truck Claim 00:22:17 Who Pays When a Load Shifts on an Atlanta Freight Run 00:25:39 What Is a Freight Broker and Can One Be Held Responsible in Georgia 00:28:23 How the Independent Contractor Argument Gets Used, and Beaten, in Georgia 00:30:39 Can Your Own Uninsured Motorist Coverage Apply to a Georgia Truck Wreck 00:33:00 What Is Negligent Hiring and How It Opens a Direct Claim Against the Carrier 00:36:16 How Negligent Maintenance Shifts Responsibility to the Trucking Company 00:39:19 Why the Trucking Company Sends a Rapid Response Team to the Atlanta Crash Scene 00:41:47 How Trucking Insurers Try to Minimize What They Pay A Crash Victim In Atlanta 00:45:14 How Bad Faith Insurance Law Works Against a Georgia Trucking Insurer 00:48:49 How Investigators Figure Out How Much Insurance a Truck Actually Carries 00:51:03 How Economic Damages Get Calculated in a Georgia Truck Case 00:55:16 How Georgia Values Non-Economic and Punitive Damages, and Its $250,000 Cap 01:01:37 Why the Timeline Matters Before Truck Evidence Disappears in Georgia 01:07:29 The Biggest Insurance Mistake an Atlanta Crash Victim Make 01:09:20 Ted Spaulding's One Piece of Advice for a Georgia Truck Crash Victim
How Much Can You Sue for a Dog Bite in Georgia?
A dog bite in Georgia is not automatic liability, and the insurance behind it is not automatic coverage. Ted Spaulding of Spaulding Injury Law breaks down how Georgia decides whether an owner is on the hook, where the money comes from, how injuries and scarring get valued, and the provocation defense insurers raise to wipe a case out. Questions answered in this episode: How does Georgia decide if a dog owner is liable for a bite? Is Georgia a strict liability state for dog bites, or do you need a prior bite? Can a leash law violation win a case even with no prior bite on record? What is a breed exclusion, and what happens if the policy won't cover the dog? What is the provocation defense, and how does an owner's insurer use it? What goes into valuing an Atlanta dog bite case? Topics covered: Georgia's dog bite and careless management statute, vicious or dangerous propensity and owner knowledge, the City of Atlanta leash ordinance and negligence per se, Georgia's dangerous dog designation, homeowner's and renter's insurance coverage and limits, breed exclusions, umbrella policies, landlord liability for a tenant's dog, scarring and disfigurement valuation, emotional trauma, minor tolling of the statute of limitations, the provocation defense, and Georgia's 50% modified comparative negligence bar. Georgia law referenced: O.C.G.A. § 51-2-7 (dog owner liability), Atlanta Code Chapter 18 (leash ordinance), O.C.G.A. § 9-3-33 (two-year statute of limitations), O.C.G.A. § 9-3-90 (minor tolling), and O.C.G.A. § 51-12-33 (modified comparative negligence, 50% bar). Ted Spaulding on the one-bite myth: "It's not just bite equals liability. You got to follow that statute." Spaulding Injury Law - Atlanta, Georgia - 20+ years of trial experience. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #DogBiteLawyer #GeorgiaDogBiteLaw #ProvocationDefense #AtlantaPersonalInjury #GeorgiaComparativeNegligence #SpauldingInjuryLaw This podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by listening, watching, or commenting. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:01:50 How Does Georgia Decide If a Dog Owner Is Liable for a Bite 00:03:48 Is Georgia a Strict Liability State for Dog Bites 00:07:16 What Must a Dog Bite Victim Prove to Win a Claim in Georgia 00:11:52 Can an Atlanta Leash Law Violation Win a Case Without a Prior Bite? 00:13:37 What Counts as an Owner Knowing Their Dog Was Dangerous 00:17:08 What Insurance Actually Pays After a Dog Bite in Atlanta 00:20:03 How Much Do Homeowner and Renter Policies Really Cover, and What Exclusions Cut That Down 00:22:41 What Is a Breed Exclusion in a Georgia Dog Bite Claim 00:25:01 What Happens if a Dog Bite Injury Is Worth More Than the Homeowner Policy Limits 00:29:46 Can an Atlanta Landlord Be Liable for a Tenant's Dangerous Dog 00:32:14 What Are the Most Common and Most Serious Dog Bite Injuries in Atlanta 00:35:16 How Is Facial Scarring Valued in a Georgia Dog Bite Case 00:37:31 What Medical Complications From a Dog Bite Send Someone to Grady 00:39:11 How Is the Emotional Trauma of a Dog Attack Accounted for in a Claim 00:41:33 What Changes in a Dog Bite Case When the Victim Is a Child 00:43:42 How Does Georgia's Filing Deadline Work, and How Is It Different for a Child 00:46:14 What Is the Provocation Defense in a Georgia Dog Bite Case 00:49:11 Can Being Partly at Fault Wipe Out a Dog Bite Claim in Georgia 00:52:02 What Goes Into Valuing a Dog Bite Case in Atlanta 00:54:26 What Should You Do First After a Dog Bite in Atlanta 00:56:56 Ted Spaulding's One Piece of Advice for Atlanta Dog Bite Victims
What Does Georgia's Motorcycle Helmet Law Actually Require?
A motorcycle case runs into problems a car crash never sees: jurors who assume the rider was reckless, an insurer ready to use the helmet against the claim, and a rule that can zero out a case entirely. Ted Spaulding of Spaulding Injury Law breaks down rider bias, the helmet law, conspicuity, and the coverage gap that catches riders off guard. Questions answered in this episode: What makes a Georgia motorcycle case different from a car accident case? What does Georgia's helmet law actually require? Does Georgia's 50% bar destroy a motorcycle case if the rider shares fault? What is conspicuity, and why does it beat the "I never saw the motorcycle" excuse? What insurance actually pays after a motorcycle crash? Topics covered: motorcycle rider bias, Georgia's universal helmet law (O.C.G.A. 40-6-315), the helmet defense, Georgia's modified comparative negligence rule and 50% bar (O.C.G.A. 51-12-33), insurance adjuster tactics, Georgia's lane-splitting ban, conspicuity, left-turn and dooring crash patterns, traumatic brain injury documentation, the motorcycle coverage gap, uninsured and underinsured motorist coverage, punitive damages, and Georgia's two-year statute of limitations. Georgia law referenced: O.C.G.A. 40-6-315 (universal helmet law), O.C.G.A. 51-12-33 (modified comparative negligence, 50% bar), and Georgia's two-year statute of limitations for personal injury with a four-year property damage window. Ted Spaulding on Georgia's 50% bar: "If the jury puts 50% or more fault for the wreck on the motorcyclist, you get zero. No recovery at all." Spaulding Injury Law - Atlanta, Georgia - 20+ years of trial experience. spauldinginjurylaw.com | (470) 695-9950 | Atlanta, Georgia #MotorcycleAccidentLawyer #RiderBias #GeorgiaHelmetLaw #GeorgiaComparativeNegligence #AtlantaMotorcycleCrash #SpauldingInjuryLaw This podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by listening, watching, or commenting. Chapters 00:00:00 Welcome back to Atlanta Car Accident Attorneys with Ted Spaulding 00:02:22 What Makes a Georgia Motorcycle Case Different From a Car Accident Case 00:04:24 What Is Rider Bias and How Does It Work Against a Motorcyclist in a Georgia Jury 00:07:15 What Does Georgia's Motorcycle Helmet Law Actually Require 00:10:31 How Insurers Try to Use a Rider's Own Helmet Against the Claim 00:12:46 Does Georgia's 50% Comparative Negligence Rule Destroy a Motorcycle Case 00:16:28 What Playbook Do Georgia Insurance Adjusters Run to Blame the Rider 00:18:54 Why Does Georgia's Lane-Splitting Ban Get Used Against Riders Who Never Split 00:21:27 What Is Conspicuity and Why Does It Beat the "I Never Saw the Motorcycle" Excuse 00:24:04 Where Do Motorcycle Visibility Crashes Happen Most Often Around Atlanta 00:25:59 Why Are Left-Turn Crashes the Most Common Way Drivers Hit Riders 00:27:43 How Does Dooring on a Street Like Peachtree Fit the Visibility Problem 00:29:55 Why Are Motorcycle Injuries So Severe, and What Does Grady See Most 00:33:20 How Does a Motorcycle Traumatic Brain Injury Get Documented at Grady 00:35:54 How Is a Serious Motorcycle Case Valued in Georgia 00:39:30 What Insurance Actually Pays After a Motorcycle Crash in Georgia 00:43:27 What Is Georgia UIM Coverage and Why Do Riders Skip It 00:47:58 Can a Georgia Motorcycle Case Unlock Punitive Damages 00:49:59 How Long Does an Injured Rider Have to File in Georgia 00:52:46 How Do You Pull a Georgia Crash Report and What Does the Officer's Note Do to the Case 00:55:57 What Scene Evidence Wins a Motorcycle Case in the First 60 Seconds 00:58:30 What Mistakes Kill a Georgia Motorcycle Claim 00:59:59 Ted Spaulding's Final Word for Injured Georgia Riders