The idea of who is at fault in a car accident may seem intuitive, but are you familiar with "at fault" laws? Different states have different regulations when it comes to assigning blame in a motor vehicle accident.
What does Georgia law say? Will you need to prove fault if you are in an accident? Here is the information you need to know.
Georgia employs tort liability
Like many states, fault matters in Georgia. Unlike states that use a "no-fault" system, Georgia law requires you to prove the other party was at fault for your accident. In order to have a claim against the other party you will need to show they were 50 percent or more at fault for the accident under a standard called modified comparative negligence. This rule states that only the party that is less at fault can recover losses from the other party for injuries or damage.
Modified comparative negligence also means that even if you were less at fault than the other party you can still be assigned blame. Your compensation is reduced based on the amount you are found to be at fault. For example, if you were 30% at fault, you can recover 70% of your losses.
Few limits on damages
Georgia is one of 39 states that does not cap damages for personal injury cases. However, it's important to remember the rules about fault. You still need to build a case to receive the compensation you deserve.
Punitive damages, which are meant to punish the other party for egregious behavior are capped at $250,000.
Insurance companies don't want to pay
Georgia law can benefit car accident victims who can prove the other party is at fault, but this isn't always easy. Insurance companies do not want to pay claims, and will fight your assertions. They will often hire a team of experts to try and show their insured is not to blame for the accident.
Who's at fault in a car accident matters. Knowing the basics about fault will help you as you search for an attorney to help you recover your losses.