Understanding Georgia’s Fault-Based Insurance System: What Atlanta Drivers Should Know

A serious car accident can leave you hurt physically, stressed financially, and shaken emotionally. Regrettably, motor vehicle crashes are a leading cause of injury deaths, hospitalizations, and emergency room visits annually in Georgia. 

The state has implemented a number of laws and insurance rules to help drivers get the compensation they need after an accident. That said, attempting to navigate the state’s fault-based insurance system can be challenging. 

In this article, we will break down Georgia’s insurance rules and comparative negligence laws. We will also consider how these rules are applied depending on the circumstances of your car accident. 

Georgia’s Fault-Based Insurance System Explained

When it comes to car crashes, Georgia is an at-fault state. This means that if a driver causes an accident, he or she has to pay for the damages. An accident victim may be compensated for medical expenses, property damage, and pain and suffering — among other things.

Typically, if you’re injured in a traffic collision, you will need to seek compensation from the at-fault driver’s insurance company. At times, a reasonable settlement cannot be reached, or the other party’s insurance policy does not cover the full extent of your losses. In such instances, you may be able to pursue other legal avenues for restitution.

Proving Fault in a Georgia Car Accident Case

In the wake of a collision, proving negligence is essential if you wish to hold the liable party responsible for what you have gone through.

Any time drivers get behind the wheel, they have an obligation to exercise reasonable care to protect themselves and others. If a driver fails to act as a reasonably careful person would under similar circumstances, then he or she may be found at fault in the event of an accident.

To prove negligence and liability after a car accident, you will need to demonstrate these aspects:

1. The at-fault driver had a legal duty to adhere to a certain standard of conduct
2. The at-fault driver breached this duty of care
3. The breach of duty caused your injuries
4. You suffered real damages as a result of your injuries 

Unfortunately, proving fault after a crash is not always a straightforward process. However, collecting and preserving evidence will bolster your claim. Further, an experienced car accident attorney can use his or her know-how and resources to firmly establish the facts of your case.

Evidence Used to Demonstrate Liability After a Collision

In accordance with Georgia’s fault-based insurance system, Atlanta drivers need to provide evidence of the other party’s negligence and liability after a crash. Simply put, your car accident claim is only as strong as the evidence you can provide.

When pursuing a car accident claim, it is critical to collect as much compelling evidence as you possibly can to make sure all at-fault parties can be held accountable for your damages.

Valuable evidence used to prove your accident claim to insurance companies or in court may include: 

• Police reports
• Accident reports
• Photos from the accident scene
• Traffic camera or other video footage 
• Witness statements
• Emergency medical reports
• Weather and road conditions at the time of the accident
• The physical condition of the vehicles involved in the accident
• Medical records related to treatment for your injuries
• Medical bills or statements stemming from the car accident
• Proof of lost wages as a result of having to miss work after the accident

Such evidence will help determine how the crash occurred and who the at-fault driver was. Further, these reports and records will play a key part in connecting your injuries and losses to the accident — a critical factor in receiving fair compensation for your pain and suffering.

Georgia’s Modified Comparative Negligence Rule 

In Georgia, the comparative fault rule plays a significant role in car accident claims. The concept of comparative fault recognizes that accidents are often the result of the careless actions of multiple parties. 

In accordance with the comparative fault rule, percentages of liability are assigned to each driver who contributed to the car crash. This means that you may be able to file an insurance claim and receive a reduced amount of compensation from the other driver, even if you share some degree of responsibility for the traffic accident. 

In fact, as long as you are found to be less than 51 percent at fault for the accident, you may seek damages from the other parties involved.

Examples of Comparative Negligence in Georgia Car Accident Cases

Any time you use the roads as a driver, motorcyclist, bicyclist, pedestrian, or passenger, you have an obligation to follow the traffic laws and exercise good judgment. If you fail to take reasonable precautions to protect yourself and others on the road, you may be found negligent and, therefore, partially at fault in the event of an accident.

Negligent behaviors that may cause you to share fault for an accident under Georgia law include such things as:

• Speeding or failing to adapt your driving to poor weather or road conditions
• Driving a vehicle that you know has not been properly maintained and has defective parts, such as failing brakes or headlights not working
• A driver or passenger who sustained injuries in the car crash but had failed to wear a seat belt
• Choosing to ride as a passenger with a driver who you know is intoxicated, reckless, or otherwise unfit to drive
• As a passenger, interfering with the driver’s operation of the car or purposely dividing the driver’s attention from the road
• As a pedestrian, failing to yield properly to passing vehicles

Such careless actions may contribute to an accident or its severity. Georgia courts are required to apply the modified comparative fault rule in motor vehicle collisions in which multiple parties are found to be at fault. Insurance adjusters will also rely heavily on this rule, often using it in an attempt to reduce or minimize an insurance claim.

Understanding Georgia’s Auto Insurance Laws

Since Georgia is an at-fault state, if you cause an auto accident, your car insurance pays for the other party’s damages. The state imposes minimum insurance requirements for all drivers. Liability insurance only offers limited protection, meaning it covers damages and injuries you cause to others but not your own losses.

In Georgia, drives are required to carry minimum liability insurance coverage as follows:

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

If you are injured in a car accident that was not your fault, the other person’s insurance company should cover your medical expenses and property damage up to these limits.

Overview of Georgia’s Car Insurance Coverage

While all Georgia drivers are required to carry liability insurance coverage, it may not fully meet your needs in the event of a serious accident. 

Especially in view of Georgia’s fault-based insurance system and modified comparative negligence rules, it is advantageous to consider all your auto insurance options. In this way, you can ensure that you and others will be fully taken care of when an accident occurs.

Collision coverage

In a car insurance policy, collision coverage helps pay to repair vehicle damage or replace your car after an accident. Georgia auto insurance laws do not require you to have collision coverage. Nevertheless, many drivers choose to carry this additional protective coverage.

Such physical damage coverage comes into play when your automobile is damaged in a collision with another vehicle or object. For instance, if you backed into a pole or crashed into a fence, collision coverage should cover the ensuing costs. Generally, with collision coverage, you are required to pay a deductible first, and then your auto insurance will pay the rest of the damages.

Additionally, collision coverage can be helpful even in an accident that is not your fault. If the driver that hit you does not have enough insurance to fully pay for your damages, your own collision coverage can be used to cover the cost of the repairs.

Comprehensive coverage

Comprehensive insurance coverage pays for damage to your vehicle that does not stem from a collision. Comprehensive coverage can shield you from financial burden in a wide variety of scenarios.

Comprehensive insurance coverage covers such things as:

• Theft
• Vandalism
• Fire
• Damage from falling objects
• Weather-related damage
• Other damage unrelated to a collision

This kind of car insurance protection prepares you for the unexpected. While there are additional costs involved, many Atlanta drivers find that having comprehensive coverage brings added peace of mind as a vehicle owner.

Personal injury protection

Unlike no-fault states, Under Georgia’s fault-based system, personal injury protection (PIP) is not required. However, PIP can work as a safety net if you or your passengers sustain serious injuries in an accident.

Personal injury protection insurance covers such things as:

• Emergency medical treatment and other medical expenses
• Rehabilitation, physical therapy, medication, and medical equipment
• Lost wages as a result of missed work due to the accident
• Funeral expenses in the event of a wrongful death
• Essential services such as childcare or housework

PIP coverage may result in faster financial compensation for your injuries, as you will not have to wait for the insurance company to determine fault after the accident. Please note that PIP insurance does not cover your liability to the other driver; it extends to you and your passengers only.

Uninsured motorist coverage

Alarmingly, an estimated 18 percent of Georgia drivers failed to meet minimum insurance requirements in 2022. This presents a significant risk to everyone on the road. Uninsured motorist coverage protects you if you are in an accident caused by one of these drivers. 

Car accidents involving uninsured motorists can be complicated. It is inadvisable to deal with the insurance company on your own. A knowledgeable car accident lawyer can assist you throughout the insurance claims process, even negotiating with the parties involved on your behalf.

Contact an Experienced Atlanta Car Accident Lawyer for Free Advice

After a car accident in Georgia, you may be overwhelmed by the insurance claim process or the prospect of pursuing a personal injury lawsuit. What’s more, the state’s fault-based insurance system can be confusing.

Please rest assured that you do not have to face these stressful circumstances alone. The knowledgeable car accident attorneys at Hoffspiegel Law are ready to answer your questions and walk you through every step of the insurance process. 

Lloyd and Alex Hoffspiegel are proud to advocate for the rights of car accident victims and help them move forward from their collisions. Our legal team offers personalized service based on each individual’s case and situation. We diligently work to get each and every client fair compensation for his or her losses.

Please don’t wait to get the help you deserve. Call Hoffspiegel Law today at (762) 315-4623 or click the Contact Us button to schedule a free consultation. We want to hear your story.