Can I Still File a Claim if I Was Partially at Fault in a Georgia Car Accident?

Can I Still File a Claim if I Was Partially at Fault in a Georgia Car Accident?

A Georgia car accident is a terrifying event. What makes it even more troubling for some people is the realization that their actions may have contributed to the cause of the crash. In this situation, people worry about filing an accident claim or seeking fair compensation for their injuries. Can someone recover compensation if they are partially at fault for a Georgia car accident?

As the victim of a car accident, you have legal rights. One of those rights is the right to pursue compensation for your injuries. While being partially at fault may change the situation’s dynamics, it is still possible to seek compensation. Understanding how the Georgia car insurance and legal systems work and hiring a skilled car accident attorney can help put you in a better position to recover the money you need.

The Georgia Car Insurance System

Like most U.S. states, if you’re in a car accident in Georgia, you file an insurance claim with the at-fault driver’s insurance company. That company is responsible for covering medical expenses, lost income, and property damage caused by the collision.

However, when people injured in a collision think they’re partially at fault for the crash, they may be reluctant to file a claim or work with the insurance company. This is a mistake.

Partial Fault and Modified Comparative Negligence

Can a motorist who is partially to blame for causing an accident still file a claim or personal injury lawsuit? The answer is yes. However, the injured person’s degree of fault can affect the situation’s outcome.

Georgia follows the modified comparative negligence rule. Under this rule, an accident victim is eligible to recover compensation as long as they were less than 50 percent at fault for the accident. Individuals whose fault meets or exceeds 50 percent are barred from recovering compensation during a personal injury lawsuit.

The insurers and your attorney can argue about what percentage of fault you may share for the injury. However, it’s up to the court to decide if no settlement can be reached. If a motorist is only partially responsible for causing a collision, they can still obtain compensation for their injuries. However, any compensation they receive will be reduced in proportion to their percentage of fault. If the court determines that a person is ten percent at fault, their compensation will be reduced by ten percent.   

The modified comparative negligence regulation only binds Georgia courts. The rule may not bind insurance adjusters, but they still use it to help guide how they value car accident claims. Most insurance adjusters review available evidence and factor in how a court would potentially rule if a victim filed a personal injury lawsuit and took the case to trial. This is how they arrive at a basis for their settlement offer. If they believe a victim’s actions substantially contributed to the crash, they may offer a smaller settlement.

Accident victims should remember that determinations of fault can be subjective, and adjusters may want to attribute more fault to a victim to offer a smaller payout to save the company money. For this and other reasons, contacting a Georgia car accident attorney who can build an evidence-based claim and negotiate on your behalf for maximum compensation is crucial.

A Georgia Car Accident Attorney Can Help

You aren’t a car accident expert. While you might believe your actions partially contributed to the crash, you still have legal rights and deserve fair compensation for your injuries. At Kaufman Injury Law, we thoroughly review your situation and can help you file an evidence-based claim that offers you the best chance at a favorable outcome.

For help, contact us online or call our Georgia office now and request a free consultation.