Is Georgia a No-Fault State for Car Accidents?

Is Georgia a No-Fault State for Car Accidents?

Whether a state follows a “fault” or “no-fault” auto insurance system affects how you pursue compensation for accident-related expenses, like medical bills and lost wages. Georgia does not follow a “no-fault” system, which means you can file an insurance claim or lawsuit against an at-fault driver. Consulting a car accident attorney in Georgia can help you understand your options and guide you through the claims process.

Fault vs. No-Fault Insurance Systems

In a “no-fault” insurance state, drivers file a claim with their own insurance provider after a car accident, regardless of who is at fault. In contrast, “fault” or “tort” states require the party at fault for the accident to be financially responsible for the other party’s losses.

Is Georgia a No-Fault State?

Georgia operates under a fault-based, or “tort,” system for car accident claims. In a fault-based system, the person who causes the crash is responsible for any resulting injuries and damages. Injured parties may seek compensation by filing a claim against the at-fault driver’s insurance company or taking legal action and suing the at-fault driver directly.

That said, you might have optional insurance that provides first-party benefits under certain circumstances, in which case you can file a claim with your own provider. Examples include:

• Uninsured/underinsured motorist insurance, which steps in if the at-fault driver does not have sufficient insurance to cover an accident
• Collision insurance, which pays for damage to your vehicle even if you are at fault for the accident
• Medical payments insurance, which pays for medical care even if you are at fault for the accident

Can You Recover Compensation if You Are Partially Responsible for the Crash?

Georgia has a modified comparative negligence rule, meaning:

• You may seek compensation if you are less than 50 percent responsible for the accident.
  • Your compensation amount is reduced by the same percentage as your level of fault.

Steps To Take After a Crash 

Being involved in a car accident can be overwhelming, but taking specific actions after the crash can support your safety and any future claims. Here’s a short list of steps to follow:

• Call the Police – Even if the accident is minor, a police report provides documentation to insurance companies and other parties involved in the crash.
• Get Medical Attention – Some injuries take time to show symptoms, so see a medical professional as soon as possible to get timely care.
• Keep Medical Records – X-rays, MRI scans, and treatment notes document the extent and severity of your injuries, which becomes important when filing a claim.
• Tell Your Insurer – Keep your conversation short and include only the facts about the accident. Do not give a statement about specifics or discuss fault until you speak with a car accident attorney.
• Consult an Attorney – Most car accident attorneys offer free consultations that allow you to learn about your options for seeking compensation.

Do You Need an Attorney After a Crash in Georgia?

Working with a skilled car accident attorney offers several benefits:

• An experienced lawyer has a deep understanding of Georgia state laws and how insurance companies operate.
• They can compile and examine evidence to determine who caused or contributed to the crash.
• They can assess your losses for current and future financial needs.
• They can negotiate with the insurance company for maximum compensation, and if necessary, they can take your case to trial.

Call a Georgia Car Accident Lawyer Today

At Kaufman Injury Law, our Georgia car accident attorneys understand how important it is for you to obtain the money necessary to put your life back on track after a crash. Let us deal with the insurance company while you focus on feeling better. Contact us today for a free consultation.