Know More
  1. 5
  2. 4
  3. 3
  4. 2
  5. 1

At-Fault Car Insurance Laws in the State of Georgia

Every state in the United States, Georgia included, requires drivers to carry at least the minimum in car insurance coverage. This, for bodily injury liability, is $25,000 and $50,000 per person and per occurrence respectively, and $25,000 per occurrence for property damage liability. Bodily injury coverage pays for injuries sustained by other people in an accident you are at fault for while property damage insurance covers property damage.

Drivers have the option to buy additional non-requisite insurance such as physical damage insurance, which provides cover for damage to their vehicle, and uninsured motorist coverage, which pays for your losses when you are involved in an accident that has been caused by a driver with no insurance.

While insurances may be similar across states, Georgia is an at-fault state, which makes it pretty different from the majority of the states in the way it determines who pays and who receives compensation following a motor accident. The strange and sophisticated legal process might necessitate the counsel of a personal injury attorney in Conyers GA.

Meaning of at-fault insurance

38 of the 50 states follow the no-fault insurance system, which requires that each driver involved in an accident files a claim with their own PIP or personal injury protection policy for full compensation. The driver who was not at fault can then file a claim with the liable party’s insurance for damages in excess of what their PIP covers.

Georgia’s at fault laws, on the contrary, allow any injured individual to seek full compensation from the at-fault driver’s insurance regardless of PIP.

Comparative Negligence in At-Fault States

Georgia and the other eleven states that adhere to at-fault rules also follow a modified comparative negligence rule. The rule bars any driver who is more than 50 percent responsible for an accident from seeking compensation from the other driver’s insurance. Some states allow drivers with even 99 percent liability to pursue compensation from the other driver for the 1 percent damage.

How to Seek Compensation in am At Fault State

In any car accident case in Georgia, the first step is to determine who carries the most liability for the accident. The process will typically involve lawyers of both insurance companies gathering information about the accident and deliberating on fault.

Drivers file their claims after the establishment of liability. Often, the injured driver is seeking compensation from their own insurance who has not fully compensated them for their losses. Sometimes the plaintiff is pursuing compensation from the other party’s insurance for medical expenses and pain and suffering.

This phase of the process can be best handled by a qualified attorney who has your best interests at heart. As you may already know, insurance companies are doing whatever it takes to avoid covering your damage, or in the case of comparative negligence, being the one that covers the bulk of the damages. An attorney will ensure that you are compensated adequately enough to cover all your medical expenses, pain and suffering, and property repairs.