Georgia Car Accident Laws – All You Need to Know

Getting into a car accident can be a traumatic experience. Going through the aftermath of a collision requires an understanding of Georgia car accident laws. Georgia has laws in place covering the statute of limitations, fault, reporting an accident, and car insurance requirements. Being informed of these laws can help you secure your legal rights.

Georgia’s Fault-Based System

While many states have a no-fault system when it comes to car accidents, Georgia imposes a fault-based system. This means that the person responsible for the car accident will be responsible for the financial damages that stem from the accident, and the at-fault party’s insurance company will pay for the damages up to the liability policy limits.

If the injured party wants to file a personal injury claim for their injuries, they are able to do so. Georgia operates on a modified comparative negligence rule that allows the injured party to recover damages even if they contributed to an accident; however, their settlement amount will be reduced by the amount of fault they contributed.

For instance, if you file a claim for $10,000 but it was determined that you were 30% at fault for the accident, you would be awarded $7,000 ($10,000 minus 30%). However, you cannot be more than 50% at fault. If the plaintiff is determined to be at 50% fault or more, they will not be able to recover damages.

Statute of Limitations

In Georgia, you have a limited amount of time to file a personal injury claim in a car accident. Typically, this statute of limitations is two years from the date of the injury. This applies to whether you were the driver, passenger, pedestrian, or bicyclist in the accident. This applies to wrongful death claims but does not apply to property damage claims. Property damage has its own statute of limitations.

There are a few exceptions to this rule. Georgia imposes a discovery rule, meaning that if you did not discover the injury right away, the statute of limitations begins when you discover it or should have reasonably discovered it. Most injuries are noticeable right away; however, it is ideal to seek medical attention right away, even if you do not have immediate injuries.

The statute of limitations may also be extended if the injured party was legally disabled at the time of the accident. Legal disability refers to those who are minors (under the age of 18) or mentally ill. The statute of limitations would resume when the disability has ended.

Additionally, if the defendant flees the state and you are unable to continue the case with them gone, the statute of limitations would pause while they’re away and resume when they return.

Reporting a Car Accident

Georgia requires that car accidents be reported if they result in the death or injury of another person or if the property damage exceeds $500.00. This must be reported right away to the local authorities.

Car Insurance Requirements

In Georgia, car insurance is required for all vehicles. This ensures that drivers can cover damages in an accident. Each driver must have liability insurance at a minimum. This covers injuries and property damage caused by the at-fault driver. The minimum amount may not be sufficient in serious accidents, so it is recommended to have additional coverage as a precaution.

Additional options can cover medical bills, repairs and replacements for vehicle damage, and financial coverage if the at-fault driver does not have insurance.

Drivers must be able to provide proof of insurance either through a physical insurance card or through their insurer’s online system. If a driver does not have the minimum required insurance, they can be subject to fines, registration suspension, and other penalties. Additional severe penalties may also be imposed if the uninsured driver causes a major accident.

Damages Available in a Car Accident

If you are harmed in a car accident, you can file a claim for damages you incurred. Some of the damages you can claim include:

• Medical expenses, including hospital stays, medication, and rehabilitation
• Property damages, including car damages and repairs
• Lost wages
• Future medical expenses, such as ongoing treatments
• Loss of earning potential (if the injury prevents you from working as before)
• Pain and suffering
• Loss of enjoyment of life
• Punitive damages

FAQs

Q: What Is Georgia’s Law on Auto Accidents?

A: Georgia follows a fault-based system when it comes to car accidents. This means that the driver who is responsible for the car accident will generally be responsible for the financial liability of the car accident, including medical expenses, property damage, and lost wages. In a practical sense, this means that the at-fault driver’s car insurance will cover damages up to their policy cap.

Q: How Is Fault Determined in a Car Accident in Georgia?

A: Fault is determined by analyzing police reports, speaking with eyewitnesses, and looking at the details of the scene. Georgia operates on the modified comparative negligence rule, which means that the injured party can still recover damages when they are partially at fault; however, they must have contributed less than 50% of fault. Their claim amount will be reduced by their percentage of fault.

Q: What Happens After a Car Accident That Is Not Your Fault in Georgia?

A: If you are involved in an accident that is not your fault in Georgia, you can file an insurance claim with the at-fault driver’s insurance. If they are uninsured or underinsured, you can make a claim with your insurance company using your uninsured/underinsured motorist coverage. If these avenues are not sufficient, you may file a personal injury claim.

Q: What Am I Entitled to After a Car Accident?

A: After a car accident, you are entitled to economic damages, including medical bills, property damage, and lost wages; non-economic damages, including pain and suffering, emotional trauma, and loss of enjoyment of life; and punitive damages. Punitive damages may be available in grossly negligent situations, such as in drunk driving accidents.

Contact Keith D. Leshine Attorney at Law, LLC Today

If you have been involved in a car accident in Georgia, help is available to you. Keith D. Leshine Attorney at Law, LLC can help you in the legal aftermath. Contact us today for more information.