In Georgia, fault determines how car accident claims are handled. Understanding how fault impacts your claim helps you navigate the legal process and secure the compensation you deserve. Here’s how fault affects a car accident claim in Georgia.
Georgia’s fault-based system
Georgia follows a fault-based system for car accidents. The person responsible for causing the accident must cover the damages. If you’re involved in a car accident, the at-fault driver’s insurance will typically pay for your damages, including repairs, medical bills, and lost wages.
How fault affects your compensation
Georgia uses comparative negligence to determine fault in car accidents. This system allows both parties to share responsibility. For example, if the other driver is 80% at fault and you’re 20% at fault, the other driver’s insurance will cover 80% of your damages. You would be responsible for the remaining 20%.
In Georgia, your compensation decreases based on your share of the fault. If you’re partly at fault, the court will reduce your compensation by your fault percentage. For instance, if your total damages are $10,000 and you’re 20% at fault, you’ll receive $8,000, and you’ll need to cover $2,000.
If you’re more than 50% at fault, you won’t be eligible for compensation. Georgia law prohibits individuals who are more than 50% at fault from pursuing claims for damages.
How insurance companies handle fault
Insurance companies will investigate the accident to determine fault. They will review evidence, such as police reports and witness statements. If you disagree with their decision, you can negotiate, file a claim, or go to court.
In Georgia, fault plays a central role in your car accident claim. The more fault you share, the less compensation you will receive.