Georgia is not a no-fault state when it comes to auto insurance claims.
This means that before an auto insurance company will pay for your wrecked car, medical bills, or other pain and suffering, you need to show which driver was to blame for the crash.
What Is the Difference Between Fault and
In a no-fault state, your auto insurance pays the costs of your car crash up to the limits of your policy no matter which driver was to blame. Only in limited circumstances can you then seek compensation from the other driver’s insurance company.
But in a fault state, like Georgia, you first need to determine which driver was at fault. Then you can decide whether to file a claim with your own insurance company or with the other driver’s insurance company.
If the other driver is at fault, you can seek the full amount of damages from their insurance company, including medical expenses, property damage, pain and suffering, and lost wages.
Georgia Is Not a No-Fault State: What Does That
Mean for Me?
How Much Insurance
Does Georgia Require?
All states require drivers to have minimum insurance coverage for their vehicles.
Georgia law requires drivers to carry minimum insurance:
- Bodily injury liability insurance of at least $25,000 per person
- Bodily injury liability insurance of at least $50,000 per accident
- Property damage liability insurance of at least $25,000 per accident
This minimum insurance will compensate others if you are an at-fault driver. However, it will not reimburse you for your own injuries or damages to your car. You need additional collision or medical insurance for that.
How Do I Show Who Was
at Fault in a Car Crash?
Anytime you are in a car crash, it is important to contact the police so you can get a written accident report. Police reports may include:
- Information about the other driver’s insurance
- A summary of what happened in the crash
- A diagram of the crash scene
- Identifying information for witnesses
- The officer’s opinion regarding the cause of the crash and who was at fault
- Information about citations issued
- Statements from drivers and witnesses
Some types of traffic violations show fault more clearly than others. For example, if the other driver ran a red light, they are more likely to be held responsible for the collision.
Likewise, there are certain types of wrecks where liability is more straightforward. For example, the rear driver is almost always held responsible for rear-end collisions.
But in other circumstances, proving fault may be an uphill battle, especially where both drivers are partially to blame. This is where an experienced personal injury attorney can be invaluable in helping you get the compensation you deserve.
What If the Accident
Was Partly My Fault?
Georgia follows the modified comparative negligence model to determine if and how much money you can recover from the other driver after a car accident.
This means that you will be paid by the other driver’s insurance company only if your share of the blame is 49% or less. If you are partially to blame, your total damages may be reduced.
For example, if you are 10% at fault, the other driver’s insurance would only have to pay for 90% of your damages.
How Can I Get Compensation for My Accident?
Were you injured by another driver and want to be paid what you deserve? Or do you want to make sure your own insurance company compensates you fairly?
Either way, an experienced car accident attorney from Blasingame, Burch, Garrard & Ashley, P.C. can help you get the most from your car crash settlement. Call us at (706) 603-4728 to discuss your claim or send us a message.