Is Georgia a No-Fault State?

Georgia is not a no-fault state. Instead, Georgia is among many states that apply the “at-fault” doctrine. That means the person at fault for causing a car accident is responsible for paying for the consequences of property damage and injuries. Georgia car accident victims can demand compensation from the at-fault driver’s insurance provider or bring a personal injury lawsuit against the driver.

However, getting compensation from the responsible party can be challenging without the help of experienced Georgia car accident attorneys. The sooner you seek legal representation, the better case they can build to pursue justice. Contact our Savannah car accident lawyer today.

What Is the Difference Between Fault and No-Fault States?

In a no-fault state, a driver’s own insurance company pays certain costs associated with a car accident, regardless of which driver caused the wreck. No-fault insurance means that when a driver suffers injuries in a car crash, they file a claim with their insurance company to recover financial compensation for things like medical bills and lost wages.

However, in fault states like Georgia, a driver who causes a collision must compensate the person they hit for their injuries and losses. If you were involved in a Georgia car accident and the other driver was to blame, you may be entitled to financial compensation from the at-fault driver’s insurance company to cover costs associated with the accident. This compensation may include not just medical expenses and lost income but also less tangible losses like pain and suffering.

What Are the Minimum Car Insurance Requirements in Georgia?

An at-fault driver’s liability insurance policy is typically what pays car accident victims for their injuries and related losses. Under Georgia law, all drivers must have the following minimum liability insurance:

• $25,000 of bodily injury coverage per person
• $50,000 of bodily injury coverage per accident
• $25,000 of property damage coverage per accident

These are just minimum limits. Many drivers choose to carry more extensive policies to protect themselves from direct liability. An accident victim whose losses exceed an at-fault driver’s liability insurance limits can sue that driver for the difference.

How Do I Prove Who Was At Fault for the Accident?

Proving fault after a car crash in Georgia requires a thorough investigation of the facts surrounding the accident. By reviewing evidence like the following, a personal injury lawyer can determine what happened and why:

• Police reports
• Photos of the accident scene
• Security or traffic camera footage of the accident occurring
• Skidmarks, vehicle damage, and debris
• Eyewitness statements
• Testimony from both drivers
• Weather conditions at the time of the accident

Keep in mind the potential bias of the other driver’s insurance company. They may try to protect their client – and their profit margins – by shifting the blame onto you.

Certain traffic violations, such as running a red light, typically indicate fault. Similarly, in rear-end collisions, the rear driver usually bears responsibility. However, experts in crash reconstruction might need to testify in more complex cases where the fault is less obvious.

An experienced Georgia car accident lawyer can be instrumental in gathering and presenting evidence to build your case. They understand the nuances of Georgia’s laws and can navigate the legal complexities to help you seek the compensation you deserve.

What Do I Need to Do to Collect Damages from the At-Fault Driver?

Recovering damages from the at-fault driver after a Georgia car accident requires diligence and preparation. The first step is to gather evidence. Take photos of the property damage and your physical injuries. Seeking prompt medical attention is crucial – even for seemingly minor injuries. Follow your doctor’s recommendations and keep records of all medical expenses, receipts, and bills for future reimbursement.

Next, contact a skilled Georgia car accident attorney who can help you navigate the process more effectively. An attorney can obtain the police report, file a claim with the at-fault driver’s insurance company, send demand letters, and handle settlement negotiations for you. Without legal representation, you’re at the mercy of insurance companies and the adjusters they employ to minimize their liability wherever possible.

What Compensation Might I Be Entitled To?

If someone else caused the car accident that injured you, you may be entitled to compensation for the following:

• Medical treatment: You can seek reimbursement to cover healthcare expenses like ambulance bills, emergency treatment, follow-up care, diagnostic imaging, surgeries, medication, and physical or occupational therapy.
• Lost wages: If you miss work due to your injuries, you may be able to pursue money for lost income. You may also be entitled to compensation for future lost wages if you cannot return to your previous job.
• Pain and suffering: You may be owed compensation for the physical pain and emotional suffering you endured from the accident, including how the injuries impact your quality of life.
• Property damage: You could also seek money for any tow truck bills and the repair or replacement of your damaged vehicle.

Does Georgia Have a Time Limit for Filing a Car Accident Lawsuit?

A statute of limitations is a law establishing a deadline for taking legal action. When the statute of limitations period expires, the right to file a lawsuit is lost, and a court may dismiss the claim.

In Georgia, the car accident statute of limitations period generally requires that you file any lawsuit within two years from the date of the accident. You are barred from filing a lawsuit once the two-year time limit has passed.

There might be exceptions to this deadline in limited circumstances. However, the high stakes involved in your case mean you should not hesitate to seek legal guidance. The longer you wait, the harder it will be to seek fair compensation.

Contact a Georgia Car Accident Lawyer

If you’ve been injured in a collision in Georgia, the experienced car accident lawyers at Spiva Law Group can help you pursue the money you need to put your life back in order. Don’t delay. Contact us today for a free consultation.