Understanding At-Fault Car Accident Claims
Georgia is an “at-fault” state, which means that after a car accident, the person who caused the accident is responsible for compensating the other driver and any injured parties in the crash. However, proving liability in a car accident under an at-fault system can be a tricky process. Here’s what you need to know.
Proving Negligence in a Georgia Car Crash
Proving who caused a car accident can be a difficult task. However, there are some things you can do to help the process go smoother when working with your car accident attorney. After a car accident, it’s critical to call the police and get an accident report. The accident report will have the following information that will be useful to your claim when determining who’s at fault:
- Insurance information of the other driver
- Statement from witnesses to the accident
- Statement from the driver
- Citations or charges that were issued in connection with the accident.
The officer called to the accident scene may also state their opinion on the cause of the accident. An officer’s statement can be beneficial when proving liability in a car accident claim. Citations and charges issued to the other driver can give a better picture of how the accident happened—for example, a drunk driving citation or ticket for texting while driving.
What if I was at Fault for a Car Crash?
In Georgia, “comparative fault” is used to determine the ratio of responsibility between drivers in a crash. For example, suppose you were driving a few miles per hour over the speed limit, and another driver suddenly made a left turn in front of you without giving you enough time to stop. If a collision ensues, you can be held partially liable for the crash due to failure to obey the speed limit. The percentages are determined through an insurance adjuster or jury in the case.
If your share of fault were more than 50% under Georgia’s comparative fault rules, you would not be able to recover compensation. Understand that insurance companies are not your friend and will likely try to blame you for the crash. When unfairly faulted for an accident, it’s critical to enlist the help of a car accident lawyer to ensure your rights are protected, and your claim doesn’t have any mistakes.
The Minimum Insurance Requirements for Georgia Drivers
In Georgia, drivers must carry the following minimum coverage under their auto insurance policy:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
- Uninsured motorist bodily injury: $25,000 per person and $50,000 per accident
- Uninsured motorist property damage: $25,000 with a $250, $500 or $1,000 deductible.
Besides uninsured motorist coverage, other provisions are available to add the policy that can help protect you regarding medical costs, such as personal injury protection (PIP). If you are unsure how much insurance coverage you’ll need, speak to your insurance agent for guidance.
Injured in a Car Crash? Contact Tate Law Group, LLC
It can be a daunting process when it comes to proving fault in a Georgia car accident claim. When you need to concentrate on healing from your injuries, the last thing you are ready to take on is the insurance companies. From medical bills and other costs related to your injuries, let us be your advocate. We are here to protect your rights to receive the maximum compensation you deserve.
Geico: Georgia Car Insurance