How Georgia’s At-Fault Car Accident Laws Will Affect Your Claim

Most drivers will file an insurance claim to help pay for the damages after a wreck. That’s the purpose of carrying auto insurance, after all. Motorists in Georgia are subject to state laws that will affect their claim. If you’re a driver here, you should become familiar with them.

Georgia is a fault state. This means that the driver who is at fault for a collision must pay for the other driver’s losses. However, not many drivers understand how comparative negligence impacts their claims.

Required Minimum Auto Insurance Coverage in Georgia

The state of Georgia requires all drivers to carry auto insurance, but that doesn’t mean you should only carry the minimum. The more coverage you carry, the more you will be protected in the event of a crash. The minimum requirement includes:

  • Property damage liability: Up to $25,000 per accident
  • Bodily injury liability: Up to $25,000 per person and $50,000 per accident
  • Uninsured motorist bodily injury: Up to $25,000 per person and $50,000 per accident
  • Uninsured motorist property damage: $25,000

Deductibles typically range from $250 to $1,000. Higher deductibles will mean lower premiums, but paying more in the event of an accident. Due to high health care and auto repair costs, drivers may choose an auto insurance policy with higher liability limits.

Comparative Negligence Explained

Georgia utilizes comparative negligence rules. This takes into account the fact that multiple people can contribute to causing a car accident. Even if you were in a collision caused by someone else’s negligence, you may also be assigned a percentage of fault.

Any compensation you may be owed will be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible for causing the car accident, your compensation will be reduced by 20 percent.

Georgia’s Modified Comparative Negligence Rule

Many states use the comparative negligence model. Additionally, Georgia drivers are also affected by the modified comparative negligence rule. Anyone who is 50 percent to 100 percent liable for causing a car accident cannot receive compensatory damages.

Georgia Laws Can Hurt Your Insurance Claim

If you are wrongly assigned a higher percentage of fault than you contributed to the accident, your claim will be worth less than you actually deserve. If you are wrongfully found to be 50 percent responsible for causing the accident, you will not be paid at all.

Auto insurance companies are familiar with Georgia’s modified comparative negligence rule. As for-profit businesses, it’s in their best interest to find you 50 percent responsible for the accident. They will hire forensic crash analysts and exhaust every resource if it means not paying your claim.

How Georgia Drivers Can Protect Themselves from Liability

Georgia drivers can protect themselves from liability by consulting with an Atlanta car accident lawyer. A lawyer can review your case and advise you on the best course of action. Whether you are considering filing an insurance claim or suing the driver who caused your accident, a car accident lawyer can ensure you are treated fairly after a collision.

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