Automobile insurance regimes vary by state but are commonly classified as “at-fault” or “no-fault” states. It’s critical to understand which type of automobile insurance law applies in your state and how the system works if you are involved in an accident in which another driver causes serious injury to you or your vehicle.
Is Georgia a no-fault state for car accidents?
There are 12 no-fault states in the United States, but Georgia, like the rest of the country, follows a system known as a “fault state” when it comes to car accidents. This means that if two drivers collide, the driver who caused the collision is accountable for the other driver’s damages.
The distinction between no-fault and at-fault is self-evident. Georgia’s automobile insurance rules require that when two drivers are involved in an accident, one of the drivers be at least 51 percent at blame for the crash. This is referred to as the 50% Bar Rule, and it indicates that an aggrieved party may recover damages if they are less than 50% at blame. They cannot claim damages if they are found to be 50% or more at fault.
When serious injuries occur as a result of a motor vehicle accident, retaining the services of an attorney can assist you in navigating the process, especially if you are unsure of who was at fault. If you require considerable and complex damages to compensate for your injuries or vehicle damage incurred in the collision, a Georgia car accident lawyer can assist you better understand your alternatives.
So, what does a no-fault state mean?
No-fault state regimes strive to minimize lawsuits resulting from automobile accidents. When a driver is injured in a no-fault car accident, he or she must make a claim with their insurance carrier to seek reimbursement for a portion or all of their medical expenses.
Each insurance company reimburses policyholders for the expense of small injuries, regardless of who caused them. This is true in areas where insurance companies are required to pay first-party benefits and where the right to sue is restricted. In no-fault states, drivers may sue for significant injuries provided certain criteria are met.
Personal Injury Protection (PIP) coverage is required in no-fault states and some at-fault states. PIP may assist you in paying for hospitalization and other charges not covered by your health insurance. Additionally, it may offer coverage for income replacement and child care expenses.
With no-fault insurance, you cannot sue for pain and suffering. You are limited to filing a claim with their insurance company, even if they were not at fault for the collision, unless their damages are substantial.
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Auto Insurance Requirements in Georgia
Drivers in Georgia are required to carry liability insurance with the statutory minimum limits. This insurance assists you in compensating individuals in the event they are injured or their car is damaged in an accident in which you are found to be at fault. Car accidents can leave victims in severe physical agony, with lost pay due to time away from work, as well as with significant medical bills and long-term physical and emotional difficulties. Special damages for medical expenditures and general damages for things like long-term disability may be granted.
Georgia law requires the following minimum liability insurance limits, however more coverage may be purchased:
- Bodily injury liability: $25,000 per person and $50,000 per incident.
- Property damage liability: $25,000 per incident.
What is considered an at-fault accident?
According to Georgia car insurance laws, when two drivers are involved in an accident, the driver who caused the accident is responsible for the other driver’s damages. Due to the fact that drivers are required by law to carry insurance, the person at fault’s insurance company will cover the losses through automotive liability insurance.
Filing an Auto Accident Personal Injury Claim in Georgia
The injured driver may pursue a personal injury claim against the business that insures the at-fault driver.
You have two years from the date of the car accident to bring a personal injury claim. You have four years to make a claim for merely car damage. When pursuing a case in a fault state, injured drivers should seek the guidance of a Georgia car accident lawyer.
Injured drivers may submit a claim with the insurance company of the at-fault driver for damages such as the following:
- Medical costs
- Pain and suffering
- Prescription medications
- Lost wages from employment
- Physical therapy or rehabilitation
- Damage to your vehicle
What can I expect if I am injured in an accident and not at fault?
You will need to offer evidence that establishes the other driver’s fault. This will entail reporting the accident to the police, providing photographs of the damage to your vehicle following the accident, documenting your injuries with photographs, witness accounts, and information about what you recall about the event.