When you’re involved in a car accident in Georgia, determining who is legally responsible is a critical step in the claims process. Georgia follows what’s known as an “at-fault” system, which directly impacts how compensation is handled after a crash.
What Does “At-Fault” Mean?
In an at-fault state like Georgia, the person who caused the accident is responsible for paying for the damages. This includes property damage, medical bills, lost wages, and other related expenses. Typically, compensation comes from the at-fault driver’s insurance provider.
How Liability Is Determined
After an accident, insurance adjusters investigate the crash to determine who was responsible. They may review:
- Police reports
- Witness statements
- Photographic or video evidence
- Medical records
The more evidence you can gather at the scene, the better positioned you’ll be if liability is disputed.
Georgia’s Modified Comparative Negligence Rule
Georgia also uses a modified comparative negligence system. This means you can still receive compensation after an accident, even if you were partially at fault—as long as your level of responsibility is less than 50%. However, any award you receive will be reduced in proportion to your level of responsibility.
Example:
- If you’re awarded $100,000 in damages but are deemed 20% at fault, your compensation would be reduced by that percentage, resulting in a final award of $80,000.
- If you are determined to be 50% or more at fault for the accident, you are not entitled to receive any compensation under Georgia’s comparative negligence rule.
Filing a Claim in an At-Fault System
There are generally three main avenues for seeking compensation after a car accident:
- Submit a claim through your own insurance provider, who may then pursue repayment from the at-fault party’s insurance company.
- File a third-party claim directly with the at-fault driver’s insurance provider.
- Pursue a personal injury lawsuit in civil court against the driver responsible for the accident.
Why Legal Guidance Matters
Proving fault isn’t always straightforward—especially if both parties claim the other was responsible. A car accident attorney can help gather evidence, negotiate with insurance companies, and represent you in court if needed.
Final Thoughts
Grasping how Georgia’s at-fault system works can empower you to make well-informed choices following a car accident. If you’ve been injured or experienced significant vehicle damage, consulting with an experienced attorney can protect your rights and help you pursue full compensation.
