When you are involved in a car accident, it is important to understand who is…
Is Georgia a no-fault state?
Georgia is not a no-fault state. While this statement can be confusing, what it basically means is that before an auto insurance company pays for your car damages, medical bills, lost wages, or any other harm, it will need to be determined which driver was at fault in the accident.
This, thus, essentially means that Georgia is an at-fault state. Getting into an accident is an unprecedented and frightening experience. Our professional personal injury lawyers are here to help you understand what you should know.
If you've been involved in an accident, check out our Ultimate Guide To Atlanta Auto Accidents.
At-Fault vs. No-Fault States
The first question to look at is the difference between an at-fault and a no-fault state. The differentiating factor is fairly basic. In a no-fault state, your auto insurance company will pay for your accident damages, up to your insurance's limit, no matter whose fault the accident was or the circumstances.
Let's take the example of Florida, a no-fault state. If someone were to get into an accident in Florida, they will not have to prove their fault to their own insurance company to get claims for their damages.
On the other hand, in Georgia, an at-fault state, to file a personal injury claim with an insurance company, it first needs to be determined which driver was responsible for the accident.
Suppose it is determined that the other driver involved was at fault. In that case, you can obtain compensation in full amount for any medical costs and car damages from their car insurance company.
Minimum Insurance Requirements in Georgia?
According to every state, there are minimum insurance requirements for all drivers.
Georgia law has the following minimum insurance coverage specifications:
- Injury liability insurance of at least $50,000 per accident
- Injury liability insurance of at least $25,000 per person
- Property damage liability insurance of at least $25,000
In the case that you are the at-fault driver, the minimum insurance can compensate the accident victim and other drivers' damages. Unfortunately, a minimum insurance policy is not enough to reimburse your injuries, car damages, property damage, or medical costs. For this, you will have to seek additional insurance.
How To Determine The At-Fault Party?
In the unfortunate case that an auto accident does occur, it is pertinent to contact the police timely. Calling the police will ensure that you get a written police report that can help determine which party was at fault at the crash scene and will be held responsible for damages. This way, when you are ready to file a claim, you will have evidence.
A police report should include the following pieces of important information that will aid in proving fault:
- A summary of what happened in the car crash
- Eye witness reports from the accident scene
- Statements from both drivers
- Your insurance information
- Information about the other driver's insurance company
- The police officer's opinion as to who was at fault
The police officer will gather evidence at the scene and you can later obtain this police report from your local office. The information in the police report can help you build your personal injury case by proving who was at fault when the accident occurred.
Get Compensation For Your Accident Today!
Proving fault and filing a personal injury lawsuit can be a difficult procedure. The Atlanta car accident lawyers at The Fitzpatrick Law Firm can help you understand your rights and options and will fight for the maximum financial compensation possible. Call us at (678) 607-5550 for a free consultation!