Is Georgia a No-Fault State?
October 30, 2023 | J.L. King, II
An important set of concepts to understand in personal injury law are “no-fault” and “fault” insurance in auto claims. These two systems significantly impact how post-car accident claims are handled and the options available to victims seeking compensation.
If you are involved in a car accident in Georgia, a pressing question may be, “Is Georgia a no-fault state?” The car accident lawyers at The King Firm have helped victims recover from car accidents for over 16 years.
Understanding “No-Fault” and “Fault” Insurance in Sylvester, GA
The difference between “no-fault” and “fault” insurance is fundamental in personal injury law. States that have adopted the no-fault system require that drivers carry insurance minimums to cover their losses after an accident. This is true regardless of who is at fault. Importantly, this means you must turn to your own insurance for compensation. The “no-fault” also restricts the right to sue for damages in all but a few cases with severe injuries.
On the other hand, the “fault” system allows an injured party to file a claim against the at-fault party or their insurer. Victims can claim a broad range of damages. These include medical expenses, lost income, and pain and suffering. Your insurance will not be primarily responsible for paying them if someone else is at fault.
In Georgia, drivers must have minimum limits of liability insurance. These are $25,000 per person $50,000 per incident for bodily injuries, and $25,000 per incident for property damage.
Is Georgia a No-Fault State?
No, Georgia is not a no-fault state. Georgia adheres to the fault system, which makes the driver who caused your accident financially responsible for resulting bodily injury and property damage. In practical terms, if you are in a car accident in Sylvester that was not your fault, you can pursue compensation directly from the at-fault driver or their insurance company.
Compensation can cover a range of damages. For example, you may be entitled to compensation for medical bills, property damage, physical pain and suffering, emotional distress, or other non-economic damages. Establishing these can be difficult, so consult a Sylvester, GA, personal injury lawyer.
The Implications of Georgia’s Fault System in Sylvester, GA
Georgia’s fault system impacts the claims process after an accident. First, it means that determining fault is a primary post-accident concern. This is because the ability to claim compensation depends heavily on the degree of fault each party bears for injuries or damage. Second, Georgia’s system permits greater flexibility for injured parties regarding how they seek compensation. Victims can file a claim with their insurer, the at-fault party’s insurer, or a personal injury lawsuit.
A car accident lawyer can help you collect and preserve evidence for establishing the other party’s negligence. This can range from police reports and dashcam footage to eyewitness testimonies and medical records.
Comparative Negligence and Compensation in Sylvester, GA
Sometimes, more than one party is at fault for an accident. In these cases, it is important to understand Georgia’s “modified comparative negligence” system. Under this system, your compensation for an accident is reduced by a percentage equivalent to your share of the fault.
For example, if you incurred $10,000 in damages but were deemed 20 percent at fault, your recoverable compensation would only be $8,000. There is an important limitation. If you are found to be 50 percent or more at fault, you cannot recover compensation from the other involved driver. An experienced personal injury lawyer can help you refute allegations of comparative fault.
Consult a Car Accident Lawyer in Sylvester, GA
Georgia’s adoption of a “fault” system impacts how car accident claims are handled. While the fault system allows for more significant compensation, it also comes with the challenge of establishing fault.
If you or a loved one has been injured, contact our personal injury lawyers for a free consultation. Our team can offer guidance from experienced legal professionals who can advocate for your rights and interests, as well as ensure a fair path to rightful compensation.
Contact Our Car Accident Law Firm For Help Today
For more information, please contact The King Firm at your nearest location to schedule a free case evaluation today.
The King Firm – Tifton Office
1603 US Hwy 41, Tifton, GA 31794
(229) 386-1376
The King Firm – Griffin Office
3317 Fayetteville Rd, Griffin, GA 30223
(404) 567-4546
Or if you would prefer to reach out to us online, please visit our contact us page.