Georgia is a fault-based state for car accident claims. This means you must prove that the other driver was at fault for the collision and your injuries before filing your claim with their auto insurance provider. An experienced car accident attorney can assist you in proving liability.
What Is the Difference Between Fault and No-Fault States?
Understanding the difference between fault and no-fault states is essential, especially if you’re planning to travel to other states. While Georgia is an at-fault state, other states like Florida are no-fault states for car accident insurance claims.
The difference between fault-based and no-fault states is:
- Fault states – In a fault state, an accident victim must prove that the other driver is responsible for the crash and their injuries. Injured parties file their claim with the at-fault party’s insurance provider instead of their own insurer. Proving fault requires significant evidence, which an attorney can collect.
- No-fault states – In a no-fault state, an injured motorist doesn’t need to prove that the other driver caused the accident or their injuries. Instead, they file their injury claim with their own insurance company regardless of who was at fault for the collision, except for limited circumstances.
How Can an Atlanta Car Accident Lawyer Help Prove the Other Driver Was At Fault for the Accident?
An Atlanta car accident attorney will work to prove the other driver was at fault for the accident that caused your injuries by collecting the following evidence:
- Witness statements – If there are any witnesses to the wreck, ask for their names and contact information so your attorney can follow up with them for their statements.
- Physical evidence – Skid marks on the road, the final positions of the vehicles, the damage to the vehicles, and relevant traffic signs can all serve as physical evidence of who was responsible.
- Police report – When the police respond to a car crash, they will provide an accident report. It may contain a summary of the collision, any citations issued, and the officer’s opinion on fault.
- Traffic camera footage – If a nearby traffic or security camera captured the accident, your attorney can request access to the footage, which could prove the other driver’s fault.
- Expert testimony – Expert witnesses, such as crash reconstruction specialists, can be vital in more complex cases, especially those involving more than two vehicles.
What Types of Damages Could I Seek for a Car Accident?
Someone injured in a Georgia car accident can seek damages from the at-fault party, including:
- Medical expenses – Surgeries, medical treatments, prescription medications, hospital stays, medical devices, and physical therapy all fall under medical expenses. The more severe, debilitating, and long-lasting your injuries are, the higher your medical bills are likely to be. Because of this, medical expenses can often be the most significant contributor to your overall settlement or award.
- Lost wages – When your injuries prevent you from working while you recover or permanently, you can seek compensation for your lost wages. If your injuries permanently prevent you from working at your pre-injury capacity or at all, you can also seek compensation for your loss of future earning potential. Lost wages may include work benefits, such as retirement account contributions and health benefits.
- Pain and suffering – Your attorney can help you place a value on the physical pain and emotional suffering you experience due to your injuries.
- Property damage – Most car accident insurance claims also include property damage, which covers the cost of repairing or replacing your damaged vehicle and other personal property.
A personal injury attorney can assist you in calculating the value of your accident-related losses to ensure you pursue fair compensation for what you have suffered.
What Are Georgia’s Minimum Insurance Requirements?
In Georgia, all drivers must have at least the following mandatory minimum insurance coverage:
- $25,000 in bodily injury liability insurance per person
- $50,000 in bodily injury liability insurance per incident
- $25,000 in property damage liability insurance per incident
If the driver who caused the collision has the minimum insurance, their policy may not cover the full extent of your losses if your injuries are severe. In this case, you may need to file a personal injury lawsuit against the driver directly or file an underinsured motorist claim with your own insurance company.
Injuries that cause permanent disability will often exceed these mandatory minimum insurance limits because the losses are so substantial. The more your case is worth, the more crucial it is to have an experienced Atlanta car accident attorney on your side so they can seek the maximum compensation you need and deserve.
What Happens If the Person At Fault Has No Insurance?
If the driver responsible for your injuries has no insurance, your first option is to file an uninsured motorist claim with your insurance provider. If your policy doesn’t include uninsured motorist coverage, your second option is to file a personal injury lawsuit against the at-fault driver.
Under Georgia law, the statute of limitations gives you two years from the accident date to file a personal injury lawsuit. You must file your lawsuit within this period or risk losing your right to seek compensation for your injuries. Speaking to a car accident attorney as soon as possible is critical so they can begin investigating and building your case before this deadline.
It’s also important to note that if the at-fault driver doesn’t have significant assets, they may not be able to cover all the damages you seek through your injury claim. Your attorney can mitigate this risk by identifying additional parties that may share in the liability, such as the driver’s employer if they were on the clock at the time of the accident or a vehicle manufacturer if a part failure contributed to your injuries.
Contact an Atlanta Car Accident Lawyer
If you were hurt in an Atlanta car accident, it’s essential to understand how Georgia’s fault-based auto insurance could impact your personal injury claim. Contact Bayuk Pratt today for a free case evaluation and learn more about how our experienced car accident lawyers can work to prove the other driver is responsible for your injuries.
The team at Bayuk Pratt has over 50 years of combined legal experience. As former high-stakes defense attorneys at two of the world’s biggest and most elite defense law firms, our founding partners have the unique advantage of knowing the tactics insurance giants use to deny victims the compensation they need. Since switching sides, we have recovered over $300 million for our deserving clients using our top-notch training and insider knowledge. Plus, our clients say we “make the entire process smooth and stress free.” Call or reach out online to find out what we can do for you.
