Is Georgia an At-Fault State?

If you have experienced a car accident in Georgia, you may wonder who will be responsible for handling the damages. However, the answer often hinges on the state’s insurance laws, which follow an at-fault system. So, what does this mean for you if you’re involved in an accident? 

Gaining insight into Georgia’s at-fault laws can equip you for what follows a crash. It can help you handle insurance companies more smoothly and determine if you may need someone by your side legally to make sure your rights are well-protected.

What Does “At-Fault” Mean in Georgia?

Georgia follows an at-fault system, which means the driver who causes an accident is liable for the damages. This liability covers medical expenses, vehicle repair costs, lost income, and other related expenses. Compared to no-fault states, where drivers usually rely on their own insurance for coverage regardless of fault, Georgia law mandates that the at-fault driver’s insurance must compensate the injured party. 

Finding Fault in an Accident

Determining fault in a car accident is not always straightforward. Insurance adjusters, lawyers, and occasionally judges analyze evidence to identify the responsible party for the collision. They take into account various factors, including:

• Witness statements
• Police report from the accident scene
• Traffic camera or dashcam footage
• Photos of vehicle damage and road conditions
• Accident reconstruction analysis, if necessary

Even when the fault appears clear, insurance companies often attempt to reduce their payout by assigning blame elsewhere. This is why enlisting the assistance of a skilled personal injury attorney can help secure fair compensation. 

What Are Your Options After a Car Accident in Georgia?

In Georgia, you have various options for seeking compensation after a car accident: 

• Pursuing a claim with your own insurer: Depending on your policy, your insurance company may cover your damages initially and then seek reimbursement from the at-fault driver’s insurance. 
• File a claim with the liable driver’s insurance: This is the most common approach, as the at-fault driver’s insurance should cover your medical expenses, property damage, and other losses. 
• File a personal injury lawsuit: If the at-fault motorist’s insurance refuses to offer fair compensation or denies your claim, you may need to take legal action to recover your losses.

What Happens if Multiple Drivers Are at Fault?

In Georgia, comparative fault plays a significant role in determining liability during an accident. Under these laws, both drivers involved in a collision can be assessed for fault, and the factors contributing to the accident are evaluated to ascertain the degree of responsibility each party holds. 

This means that if you were engaging in negligent behavior—such as distracted driving, speeding, or failing to maintain your vehicle correctly—you could be found partially liable for the incident. In situations where negligence is established, it may impact your ability to secure financial compensation through an insurance claim. 

However, Georgia law stipulates that as long as your share of the fault is less than 50 percent, you are still entitled to recover damages, although the total will be reduced according to your level of responsibility.

Why You Should Act Quickly

In Georgia, you have two years to file a personal injury claim following a car accident. If you do not submit your lawsuit within this timeframe, you risk losing your chance at compensation. Moreover, delaying action can undermine your case since evidence could disappear, and crucial details may be overlooked.

Get Legal Help After a Car Accident in Georgia

Dealing with the consequences of a car accident can be daunting, especially when insurance companies try to minimize your claim. If you’ve been injured in a car accident in Georgia, do not let the at-fault driver or their insurance company take advantage of you. 

Contact Richard D. Hobbs & Associates, P.C., today for a free consultation, and allow us to guide you through the legal process as you concentrate on your recovery.