Learn About Car Accident Compensation in Georgia

Understand car accident compensation in Georgia, including insurance claims, medical expenses, and legal options for recovery.Free consultation!

Learn About Car Accident Compensation in Georgia

Learn about car accident compensation in Georgia, including fault-based claims, insurance requirements, and recoverable damages.

Navigating car accident compensation in Georgia involves understanding the state’s fault-based system, insurance requirements, and the types of damages that can be recovered. This guide provides an overview of these key aspects to assist you in the compensation process.

Georgia’s Fault-Based System and Insurance Requirements

Georgia operates under a fault-based, or tort liability, system for car accidents. This means that the driver deemed responsible for the accident is liable for the resulting damages. To ensure coverage in such events, Georgia law mandates that all drivers carry minimum liability insurance with the following limits:

Bodily Injury Liability: At least $25,000 per person and $50,000 per accident.

Property Damage Liability: At least $25,000 per accident.

These minimums are designed to cover injuries and property damage inflicted on others in an accident. However, they may not suffice in cases involving severe injuries or extensive property damage.

Source: Legal Aid Georgia

Comparative Negligence in Georgia

Georgia follows a modified comparative negligence rule, allowing accident victims to recover damages even if they are partially at fault, provided their share of fault is less than 50%. However, the compensation is reduced proportionally to their degree of fault. For example, if you’re found 20% at fault and your damages total $100,000, you would be eligible to recover $80,000.

Types of Recoverable Damages

Victims of car accidents in Georgia may seek compensation for various damages, including:

Economic Damages: Tangible losses such as medical expenses, rehabilitation costs, lost wages, and property damage.

Non-Economic Damages: Intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages: Intended to punish the at-fault party for particularly egregious behavior. In Georgia, punitive damages are generally capped at $275,000, with 75% of the award payable to the state treasury. Exceptions to this cap include cases involving product liability, intentional harm, or accidents caused by a defendant under the influence of alcohol or drugs

Statute of Limitations

In Georgia, the statute of limitations for personal injury claims resulting from car accidents is two years from the date of the accident. For property damage claims, the limit is four years. Filing a claim after these periods typically results in the loss of the right to pursue compensation.

Source: Legal Aid GA

Recent Legislative Developments

Georgia has recently seen legislative efforts aimed at limiting lawsuits to address rising insurance rates. Governor Brian Kemp’s proposals include reevaluating liability rules for businesses and ensuring compensation is only for out-of-pocket medical expenses. These measures aim to regulate the influence of litigation funders and protect plaintiffs from exploitation. However, evidence on whether limiting lawsuits reduces insurance premiums is mixed, and some experts argue that such reforms may benefit insurers’ profits more than lowering premiums for consumers.

Source: AP news

Steps to Take After an Accident

1. Seek Medical Attention: Prioritize your health and create a medical record.

2. Report the Accident: Notify law enforcement and your insurance company promptly.

3. Document the Scene: Collect evidence, including photos and witness information.

4. Consult an Attorney: Legal guidance can help navigate the complexities of Georgia’s car accident compensation laws.

Understanding Georgia’s car accident compensation framework is essential to ensure you receive the full benefits and damages you’re entitled to. Being informed and proactive can significantly impact the outcome of your claim.

Related: Jacksonville Car Accident Attorney