Does it matter who is at fault for a Georgia car accident?

| Dec 24, 2018 | Firm News

The point of having auto insurance coverage is to protect yourself financially in case a collision or other incident happens. You can then submit a claim and receive compensation for property damage and medical bills. In some cases, you may be able to receive money from the other driver’s insurer, as well.

Unfortunately, these things are only true if you are not mostly at fault for the accident. Georgia is not a no-fault (or pure comparative negligence) state.

What are Georgia’s laws on fault?

Many options exist concerning recovering damages from accidents due to negligence. Some states allow recovery no matter who was at fault, but the amount depends on how much each party was responsible. Yet other states prohibit any compensation if you contributed at all or to a small degree.

Georgia falls in between, using a modified comparative negligence standard. As long as you are under 50 percent at fault for the car accident, then you are eligible for financial awards. How much you receive relies on the percent you are at fault.

What determines fault?

With some crashes, it is obvious which driver is fully or mostly accountable, such as someone running a red light or speeding excessively. In other scenarios, you both may have contributed to the accident or disagree who did.

Therefore, it is important to gather as much evidence as possible to support your story. Take photos and talk to witnesses. Call the police to make a report, which is what insurance companies will consider significantly in their decision to compensate you. Make sure you get a medical evaluation right away to determine the negative effects to your health from the accident.

Never admit fault or make incriminating statements, even if you think you are responsible. There may be factors you are unaware of, such as another driver you did not know was involved, a vehicle that malfunctioned or a missing road sign.

RSS Feed

FindLaw Network