Somewhere up ahead is an accident. The stop-and-go traffic is not helping an already rushed morning. Suddenly you are rocked forward in your car. Morning coffee steams up at you from the carpet. The individual behind you apparently forgot the "stop" in "stop-and-go" and has rear-ended you on a very cold morning.

Most of us have devised a short check-list for what we should do in the event of an auto accident such as the one described. Step One: Make sure everyone in our car is all right. Step Two: Make sure the people in the other car are OK. Step Three: Assess the damage to both vehicles and try to move them to the shoulder. Step Four: Call the police and report the accident. Step Five: Exchange insurance information with the other driver and find out when a police report will be available.

While this check-list covers what should be done at the scene of the accident, there is another step that often goes unnoticed, and, as a result, may prevent the injured driver from recovering the full amount he or she is due. This issue arises when a common, yet often overlooked, provision in a driver's insurance policy is exercised.

What is the sometimes overlooked step? If an insured driver fails to report the accident to the driver's insurance company within a certain period of time, the driver's insurance company can deny nearly all coverage.

Many insurance policies require that the insurance company be notified of any accident within a set number of days. Failure to report within that timeframe will allow the insurance company to deny coverage. The logic is simple: the insurance company needs to know about the accident so that it may conduct an investigation while the facts are still fresh. The more time that passes, the harder it is for the insurance company to assess what damage needs to be covered. Insurance companies want to see the damage first-hand and are skeptical when asked to rely on a mechanic's bill. In the end, it comes down to self-preservation for the insurance company. They do not want to be duped into paying for bills that were not caused by the accident.

When an insurance company denies coverage, the injured driver must seek recovery from the damaging driver. If that driver does not have the financial ability to reimburse the injured driver, the injured driver will be forced to pay for all of the damage sustained, both to the automobile and to the person, out of pocket. Even if the injured driver has insurance that will cover some of the damage, the wrongful driver's insurance company may be needed to make up the difference. The ability to foot the bill for one's own repair and medical bills is a luxury many cannot afford in the current economic climate.

So the natural question arises, "How can I protect myself when it comes to the other driver's insurance company?" While it is true that most honest people will contact their insurance company immediately to ensure coverage, there is a growing minority that will shirk their duty to report in an effort to stave off rising premiums. To prevent being left out in the cold, an injured driver should contact the damaging driver's insurance company and report the accident. By reporting the accident yourself, you have safeguarded your access to recovering from the other driver's insurance company.

To understand the big picture, there are some public policy considerations that should be addressed. Historically, the insurance companies were able to completely deny coverage when an accident was not reported within the policy's time requirement. As public policy shifted, the Georgia Legislature enacted a law requiring all automobiles to carry at least minimum liability coverage. This new law was a change for the insurance companies who were able to deny all coverage when a claim was not reported timely. According to the Georgia Court of Appeals, insurance companies can still limit coverage when the accident is not reported as required in the policy, but they must continue to provide the "minimum" liability coverage required by law. While this will not likely make the injured driver whole, it will provide some assistance when a claim is not reported on time.

To be sure you are protected, add another item to your mental check-list when it comes to an accident. Get the other driver's name and complete policy number, and make sure your insurance company contacts the other driver's insurance company to let them know one of the drivers they insure was involved in an accident. With thousands of dollars on the line, do not rely on the na ve hope that the other driver will report the claim. Take control.

William Carlan is a lifelong Cherokee County resident and an associate with the Canton law firm of Thompson, Meier & King, P.C. He is a 2009 graduate of the Walter F. George School of Law at Mercer University.