How a Gwinnett County Car Accident Claim Works, Step by Step

A Gwinnett County car accident claim usually moves through the same stages: the crash report, insurance claims, medical treatment, a settlement demand and, if the insurer will not pay fairly, a lawsuit. Knowing what each stage requires helps you avoid the delays and missteps that cost injured people money. Here is how each step works under current Georgia law.

Step 1: Get the crash report

Crashes on county roads are usually worked by the Gwinnett County Police Department. Crashes inside city limits may be handled by departments such as Norcross, Duluth or Lawrenceville, and interstate crashes are often worked by the Georgia State Patrol. The report usually lists the drivers, insurers and witnesses, along with the officer’s initial view of how the crash happened.

For Gwinnett County Police reports, the county says accident reports are available online through BuyCrash or in person at police headquarters and its precincts, including the West Precinct at 6160 Crescent Drive in Norcross. The county lists the in-person fee as $5 and says reports are typically ready about four business days after they are taken.

Read the report carefully. If an insurer, witness or vehicle is missing or listed incorrectly, contact the investigating agency promptly and keep a copy of what you sent.

Step 2: Open the right insurance claims

Georgia is an at-fault state, so the at-fault driver’s liability insurer is usually the main source of payment for your injuries. You may also have claims under your own policy:

• Collision coverage for your vehicle, if you carry it
• Medical payments coverage, if your policy includes it
• Uninsured/underinsured motorist (UM) coverage, which can pay when the other driver has no insurance or too little (O.C.G.A. § 33-7-11)

Report the crash to your own insurer promptly, since most policies require it. Ask for your declarations page and check whether your UM coverage is “added-on” or “reduced-by.” That choice affects how much coverage is available once the at-fault driver’s policy is used up.

Step 3: Build a complete medical record

Your medical records are the backbone of a Gwinnett County car accident claim. Follow your treatment plan, keep appointments and tell each provider about every symptom, including pain that started days after the crash. Keep a folder with:

• Every bill and itemized statement
• Explanation of benefits forms from your health insurer
• Receipts for prescriptions, mileage and medical equipment
• A note from your employer showing missed work and lost pay

That paperwork matters more than it used to. For causes of action arising on or after April 21, 2025, Senate Bill 68 added O.C.G.A. § 51-12-1.1. If you have health insurance, the evidence on your medical expenses will include both what your providers charged and the amount actually needed to satisfy those charges under your insurance, whether or not you used it. If you treat under a letter of protection, where a provider waits to be paid from your recovery, the letter and your itemized charges can be obtained by the defense.

Step 4: Watch for liens and reimbursement claims

Other parties may claim part of your settlement. Georgia allows hospitals and certain other providers to file liens against an injury claim (O.C.G.A. § 44-14-470 et seq.), and health plans and government programs such as Medicare may seek repayment of what they paid. These claims should be identified and resolved before any money is distributed, so they do not surface after you have signed a release.

Step 5: Send a complete settlement demand

When treatment ends, or when your doctors can describe the care you will need in the future, your Gwinnett County car accident claim is usually ready for a demand. A demand package typically includes the crash report, photographs, medical records and bills, proof of lost wages and a written explanation of why the other driver is responsible.

Georgia has a specific statute for written pre-suit settlement offers in motor vehicle cases, O.C.G.A. § 9-11-67.1, which lists the terms such an offer must contain. The legislature rewrote it in 2024, and small drafting errors can decide whether a settlement is enforceable. Do not sign a release or cash a settlement check until you understand exactly which claims and which people it releases.

Step 6: File suit if your Gwinnett County car accident claim does not settle

Most claims settle, but filing deadlines run whether or not negotiations are going well:

• Two years from the injury to file a personal injury lawsuit (O.C.G.A. § 9-3-33)
• Four years to sue for damage to your vehicle (O.C.G.A. § 9-3-32)
• Six months to give written notice of a claim against a city, such as a crash with a city vehicle (O.C.G.A. § 36-33-5)
• Twelve months to present a claim against a county (O.C.G.A. § 36-11-1) or to give notice of a claim against a state agency (O.C.G.A. § 50-21-26)

Where a case is filed depends on where the defendants live or do business, so a crash in Gwinnett is not always filed in Gwinnett. Gwinnett cases are heard at the Gwinnett Justice and Administration Center in Lawrenceville: in Magistrate Court for claims up to $15,000, or in State or Superior Court for larger claims.

SB 68 also changed how trials work. Evidence about whether you wore a seat belt may now be admitted, subject to the court’s rules of evidence, and that change is not limited to crashes after April 21, 2025. Any party may also ask the court to decide fault in a separate phase before damages.

What the timeline can look like

Hypothetical: A driver is rear-ended on Jimmy Carter Boulevard in March. She gets the crash report the following week, opens a liability claim and a UM claim, and finishes physical therapy in August. Her demand goes out in September with her records, bills and wage proof. If the insurer’s offer is too low, she has two years from the crash to file suit. But waiting until the last weeks leaves little room to investigate, so lawsuit preparation should begin well before the deadline.

How our office can help

Our office can request the crash report, notify every insurer, track your medical bills and liens, prepare the demand and calendar each deadline in your Gwinnett County car accident claim while you focus on recovery. Learn more about working with a Gwinnett County car accident lawyer, read what to do after a car accident on I-85 in Gwinnett County, and see which evidence to save when fault is disputed.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case. Zeribe Law Offices handles these cases on a contingency fee basis — you pay no attorney fees unless we recover compensation for you. If we do not recover compensation for you, you owe no court costs or other case expenses. If we recover compensation, the written fee agreement explains how costs and expenses are handled.