Is Georgia a No-Fault State for Auto Insurance?

If you’ve been in a car accident in Georgia, you may be wondering how the claims process works and whether Georgia is a no-fault insurance state. Understanding Georgia’s auto insurance laws is key to getting the compensation you deserve after a crash.

So is Georgia a no-fault auto insurance state? The short answer is no, Georgia follows a traditional fault-based system for car insurance claims.

Below we’ll explore what this means for accident victims in Georgia and how to prove fault after a collision.

What is No-Fault Auto Insurance?

In no-fault states, the process of filing an insurance claim after a car accident is different than in states like Georgia. Here’s an overview of how no-fault insurance works:

• Each driver files a claim with their own insurance company, regardless of who caused the accident.

• Your insurer pays for your medical bills, lost wages, and other damages up to the limits of your policy’s Personal Injury Protection (PIP) coverage.

• You typically can only file a lawsuit and seek additional compensation if your damages exceed the PIP limit, or in cases of severe injuries.

• To keep premiums lower, no-fault insurance places limits on the ability to sue after accidents.

Currently, 12 states have no-fault auto insurance laws, including Florida, Michigan, New York, and New Jersey.

Georgia Uses a Fault-Based Auto Insurance System

Georgia is not a no-fault state. Rather, Georgia uses a traditional fault-based auto insurance system.

Here’s how it works in Georgia after a car accident:

• The at-fault driver is legally responsible for damages and injuries to other parties.

• To receive compensation, you must prove negligence on the part of the at-fault driver.

• You file a claim or lawsuit against the at-fault driver’s liability insurance policy.

• If you are partially at-fault, your damages may be reduced by your percentage of fault.

• Georgia does not limit the ability to sue for damages like no-fault states.

So determining who was at fault becomes very important in the claims process after an accident in Georgia.

How Much Insurance is Required in Georgia?

All drivers in Georgia must carry a minimum level of auto liability insurance. The state-required minimums are:

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

This covers injuries or property damage you cause to others if you are deemed at-fault in an accident. However, these low minimums likely won’t fully cover major injuries or a totaled vehicle.

Many experts recommend the following higher auto insurance limits:

• $100,000 bodily injury per person
• $300,000 bodily injury per accident
• $100,000 property damage

Higher liability limits help protect your assets in the event you are sued after causing a serious accident. Collision and comprehensive coverage are also recommended to repair your own vehicle’s damage.

Proving Fault for a Car Accident in Georgia

In order to receive compensation after a car accident in Georgia, you must prove the other driver was at fault through negligence.

Here are common ways fault is established:

• Police report – Officers document contributing factors and which driver received a citation, which can indicate fault.

• Witness statements – Independent witnesses can provide accounts of which driver was speeding, ran a light, or otherwise acted negligently.

• Dashboard camera or cell phone videos – Footage of the accident as it occurred can clearly document events.

• Photographs – Pictures of the accident scene, vehicle damage, skid marks, or injuries help support your version of events.

• Traffic violations – Evidence the other driver broke traffic laws like speeding helps show negligence.

• Expert analysis – Accident reconstruction can shed light on exactly how the collision happened and who is liable.

A skilled attorney will work to gather all evidence available to prove fault after your accident.

What if You Are Partially at Fault in Georgia?

One challenge in Georgia auto claims is accidents where both drivers share some degree of fault. Georgia follows a “modified comparative negligence” system for allocating damages in these situations.

Here’s how it works if you have some fault for the crash:

• If you are 50% or more at fault, you cannot collect any damages from the other driver.

• If you are less than 50% at fault, your damages are reduced by your percentage of fault.

For example, if you are 25% responsible for causing the accident, your total damages award would be reduced by 25%. Proving the other driver bears at least 51% of the fault is key to recovering damages.

How to Claim Compensation After a Georgia Car Accident

After establishing fault, there are two main ways to seek damages against the negligent driver:

File a Claim with Their Insurance Company

• Gather evidence of fault and document your damages.

• Send a demand letter to the at-fault driver’s insurance company requesting compensation for medical bills, lost income, property damage, pain and suffering, and other losses.

• Negotiate a fair settlement or consider mediation if the insurance company disputes liability or offers too little.

File a Personal Injury Lawsuit

• If insurance claim negotiations fail, you can file a lawsuit against the negligent driver.

• A court will hear all evidence from both sides and assign fault.

• If you win, the at-fault driver must pay your awarded damages. Their insurer typically pays on their behalf.

An experienced car accident lawyer can help maximize your recovery through either process.

Why Hiring a Lawyer Helps in Georgia Accidents

Pursuing compensation after a car wreck in Georgia can be complex. An attorney makes the process easier with help such as:

• Analyzing fault and developing a strong liability case against the negligent driver

• Gathering evidence like witness testimony, video footage, and accident reports

• Dealing with insurance companies and pushing for full and fair claim settlements

• Filing a lawsuit if necessary and representing you in court

• Determining the full value of your damages and advocating for maximum compensation

• Handling negotiations so you can focus on recovery from your injuries

Don’t leave money on the table. An attorney can fight to recover every dollar you deserve.

Georgia Car Accident Claims FAQs

Below are some common questions accident victims have about insurance claims in Georgia’s fault-based system:

Do I have to pay medical bills out-of-pocket until my claim is resolved?

Your own health insurance or auto med-pay should cover initial accident medical expenses if you have these policies. If not, some lawyers work with doctors who treat accident patients on a lien basis.

What if I didn’t get a police report at the time of the crash?

While police reports are very helpful, your attorney can use other evidence like photos, videos, and witness statements to prove fault.

What if the insurance company says I’m partially at fault?

Don’t take their word for it. Your lawyer will fight to place as much fault as possible on the negligent driver to maximize your claim.

How long do I have to file a claim in Georgia?

The deadline to file injury claims is 2 years after the accident under Georgia’s statute of limitations. Property damage claims must be filed within 4 years.

How much time will a lawsuit take?

On average, resolving a car accident injury lawsuit takes 12-18 months in Georgia. But an experienced attorney can sometimes negotiate a fair settlement sooner.

Get Help From a Georgia Car Accident Attorney

Don’t go it alone after a Georgia auto accident. The experienced injury attorneys at BB&G Law can handle your insurance claim or lawsuit while you focus on recovery. We have helped accident victims across Georgia recover millions in compensation over 25+ years. Call today for your free consultation!