Is Georgia a No-Fault State for Car Accidents?
Car accidents or collisions are confusing and stressful, especially when it comes to figuring out how medical bills, car repairs, and lost wages will be covered. Claims are handled differently in at-fault states than in no-fault states. Whether you can pursue compensation from the other driver and how you go about doing it hinges on these frameworks. At Essa, Janho & Associates, we can help you understand how the law applies to your case and its implications for you.
Georgia is an At-Fault State
Unlike no-fault states, Georgia follows a traditional at-fault system for car accidents. This means the driver who causes the crash is responsible for paying damages. Their insurance company must cover the medical expenses, property damage, and other losses of the injured party, up to the policy limits.
In other words, if the other driver is found to be negligent, you have the right to file a claim against that driver’s insurance company. If the damages exceed policy limits, you may also pursue a personal injury lawsuit to recover additional compensation through uninsured or underinsured motorist coverage insurance.
How Fault Is Determined
Because Georgia is an at-fault state, determining responsibility is critical. Insurance companies, attorneys, and sometimes the courts will evaluate:
- Police accident reports
- Eyewitness statements
- Photographs or video evidence
- Expert accident reconstruction if needed
Your case will depend heavily on this evidence. If it shows the other driver was speeding, texting, or otherwise negligent, fault will likely rest with them.
Georgia’s Modified Comparative Negligence Rule
Another critical factor is Georgia’s modified comparative negligence law. Even if you were partially at fault for the accident, you may still recover damages—so long as you are less than 50% responsible. However, your compensation will be reduced by the percentage of fault attributed to you.
Insurance Requirements in Georgia
Georgia law requires all drivers to carry minimum liability insurance:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
However, some policies are considerably larger, and the minimum commercial policy requirement in Georgia is $1,000,000. While these limits offer a safety net, serious accidents often lead to much higher costs. If your medical bills and lost wages surpass the at-fault driver’s coverage, you may need to pursue a lawsuit or access your own uninsured/underinsured motorist coverage.
The Statute of Limitations for Filing a Claim in Georgia
Time is another key issue. In Georgia, the statute of limitations for filing a personal injury lawsuit after a car accident is generally two years from the date of the crash. For property damage claims, the deadline is four years. Acting quickly is imperative. Waiting too long could permanently bar you from recovering compensation, no matter how strong your case may be.
Why Legal Guidance Matters
While it may seem straightforward, Georgia’s at-fault system can be complicated. Insurance companies often try to minimize payouts or shift blame onto the injured party. Navigating these tactics while recovering from an injury can be overwhelming.
An experienced Marietta car accident lawyer from our firm can help by:
- Investigating the crash thoroughly
- Gathering and preserving key evidence
- Negotiating aggressively with insurance adjusters
- Filing a lawsuit if necessary to recover full compensation
We Do All We Can to Protect Your Rights
So, is Georgia an at-fault or no-fault state for car accidents? The answer is clear: Georgia is an at-fault state, which means determining liability is critical to recovering compensation. For anyone injured in a Georgia car accident, understanding these rules can make the difference between receiving fair compensation and being left with bills you should not have to pay.
If you or a loved one has been injured in a Georgia car accident, don’t wait. Call 770-955-8322 (English), or 770-771-3658 (Spanish), or contact us online to schedule a free consultation with the Marietta car accident attorneys at Essa, Janho & Associates.