No, Georgia is not a “no-fault” car insurance state. Georgia is a tort or “at-fault” state for auto insurance. This means drivers are financially responsible for the effects of any accidents they cause, and victims can seek compensation from the at-fault driver’s liability insurer. This liability insurance should pay car accident victims for their financial losses, like medical bills, vehicle damage, and lost wages, as well as non-financial losses, like pain and suffering.
What Are the Differences Between No-Fault and Fault States?
Suppose you are involved in an accident in a no-fault state. In that case, your own auto insurance covers your medical expenses and other crash-related losses up to a specified limit set by your policy. This is true regardless of who caused the crash. The idea behind this system is to streamline the claims process by minimizing the need for legal disputes over who caused the accident.
Conversely, in at-fault states like Georgia, the person who causes an accident bears the financial responsibility for the consequences. This means that if another driver causes an accident that injures you or damages your property, you can file a claim against their liability insurance policy. This system emphasizes accountability and encourages drivers to operate their vehicles more carefully, as any fault in an accident will have direct financial consequences.
The key difference between no-fault and at-fault states lies in how car insurance companies provide compensation and how victims can pursue claims. No-fault states simplify the process and restrict the right to sue, while fault states allow more freedom to sue and require proof of fault to settle claims. This distinction directly affects how quickly you can receive compensation from the other driver’s insurance company and the steps you must take to get it.
How Is Fault Determined in a Georgia Car Accident?
In Georgia, determining fault in a car accident involves examining the evidence to understand whose actions caused the collision. Police often respond to the scene and compile a report that includes their observations, statements from the drivers and witnesses, and any relevant violations of traffic laws. Their report often serves as a jumping-off point for further investigation.
Insurance companies also conduct their own fault assessments. They might review police reports, inspect the damage to the vehicles, interview witnesses, and analyze photos or video footage from the scene. Each insurance company aims to establish the degree of fault of their policyholder to decide how to handle the claim and how much compensation to pay out, if any.
Elements of Negligence That Must Be Proven
Most car accident claims are based on the legal concept of negligence: that someone did not exercise sufficient care given the circumstances, resulting in someone else’s injury. There are four elements of negligence that you must prove to hold the other party accountable for the harm you suffered:
- Duty – This refers to the legal obligation every driver has to obey traffic laws and drive responsibly to avoid harming others.
- Breach – A breach occurs when a driver fails to fulfill their legal duty, in this case by operating their vehicle without sufficient care.
- Causation – Proving causation means showing the other driver’s breach of duty directly caused the accident and your resulting injuries.
- Damages – This refers to the actual, measurable losses resulting from the accident, such as medical expenses, lost wages, or the cost of vehicle repairs. To succeed in a negligence-based accident claim, you must prove that you suffered this harm as a direct result of the accident.
What Are Georgia’s Minimum Car Insurance Requirements?
Under Georgia law, drivers must have liability insurance to cover the costs of injuries and property damage they cause to others in the event of an accident. Here are the minimum insurance coverage amounts that every driver in Georgia must carry:
- $25,000 Per Person for Bodily Injury – This amount covers the medical expenses of one person injured in an accident the driver causes.
- $50,000 Per Accident for Bodily Injury – This is the total amount the driver’s insurer will pay for all injuries in one accident for which they are responsible.
- $25,000 Per Accident for Property Damage – This covers damage to another person’s vehicle or property resulting from an accident the driver causes.
What Damages Can You Seek in a Georgia Car Accident Claim?
If someone else is at fault for causing a car accident that injured you, you can seek compensation from them for your:
- Medical expenses
- Future medical costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement and scarring
- Disability
- Loss of consortium
- Vehicle repair or replacement costs
- Rental car costs
How Long Do You Have to File Your Georgia Car Accident Lawsuit?
If you wish to file a personal injury lawsuit after a car accident in Georgia, you generally have two years from the accident date to take action. If you fail to file your lawsuit within this period, you could lose the right to claim any compensation from the at-fault party. This strict filing deadline means you must act quickly to protect your rights after an accident.
It’s best to contact a knowledgeable Georgia car accident lawyer as soon as possible after the wreck. A lawyer can evaluate your case, gather necessary evidence, and meet all filing deadlines on your behalf. By handling your claim promptly, a lawyer can prevent you from missing the opportunity to seek maximum compensation due to missed deadlines.
Don’t delay — getting legal advice early can make a significant difference in the success of your accident injury case.
Contact a Georgia Car Accident Lawyer
If you’ve been in a car accident in Georgia and are considering taking legal action, reach out to Sherrod & Bernard, P.C. We offer a free initial consultation to discuss your case and your options for pursuing full and fair compensation with a Georgia car accident attorney. Our team will work diligently to handle your claim within the statutory timeframe and demand the money you deserve. Plus, we will never charge you a fee unless we win your case.
Contact us today to take the first step toward justice and accountability.