Which Driver’s Insurance Covers a Georgia Car Accident?

In short, when you get hurt in a car accident, the at-fault driver’s auto insurance policy should cover your losses. However, filing a car accident insurance claim can be highly nuanced. Insurance coverage, policy limits, liability disputes, and shared fault can all complicate seemingly straightforward claims. 

An experienced car accident attorney can explain how Georgia’s insurance rules work to help you set clear expectations and avoid common mistakes that could reduce your recovery.

What Are the Car Insurance Requirements in Georgia?

Georgia’s at-fault insurance laws require all drivers to carry certain minimum amounts of auto liability insurance before they can legally operate a vehicle on public roads. These coverage minimums include the following:

• $25,000 per person in bodily injury liability coverage
• $50,000 per accident in bodily injury liability coverage
• $25,000 per accident in property damage liability coverage

These liability limits represent the most your insurer will pay toward another person’s losses if you cause an accident. Liability insurance does not cover your own losses or the full value of the other party’s losses, which is why many drivers choose to carry additional coverage beyond the minimum.

How Does Car Insurance Work After a Georgia Car Accident?

Georgia is an at-fault state, which means any driver who causes an accident bears financial responsibility for the resulting losses. After a collision, injured victims typically file a claim against the at-fault driver’s liability insurance to recover compensation. Ideally, the at-fault driver’s insurer will investigate the accident, evaluate the claim, and, if it accepts liability, pay out up to the policy’s limits.

Georgia’s “at-fault” system differs from those in no-fault states, where each driver seeks compensation from their own insurance first, regardless of who caused the crash. In Georgia, the at-fault driver’s insurer serves as the primary source of recovery. Your own insurer generally isn’t involved unless you carry optional first-party coverage or if the other driver’s liability policy doesn’t fully cover your losses.

How Do You Determine Fault After a Car Accident in Georgia?

Fault isn’t something you determine on your own after a car accident. It’s something your attorney, the insurers involved, and, when necessary, the courts work out based on the available evidence. 

From the start, your lawyer will gather and preserve evidence, interview witnesses, and prepare a clear account of how the other driver’s actions caused the crash. Insurance adjusters will conduct their own investigations that involve reviewing police reports, photographs, vehicle damage, traffic laws, and witness statements to assign responsibility. If the parties can’t agree on fault, the matter may go to court, where a judge or jury will make the final call.

What Steps Should You Take After a Georgia Car Accident?

In the aftermath of an accident, insurance companies move quickly to protect their bottom lines, so you need to start taking steps to protect yourself, too. You should do the following:

• Seek medical attention right away, even if you don’t think you’re seriously hurt.
• Gather the contact and insurance information of everyone involved in the accident.
• Collect contact information from any witnesses at the scene.
• Document your injuries, property damage, and any other losses with photos and written notes.
• Notify your insurance company about the accident.
• Keep records of all accident-related expenses, including medical bills and income losses.
• Avoid discussing the accident or your injuries on social media.
• Never give a recorded statement to any insurance company before you speak with an attorney.
• Contact a knowledgeable car accident lawyer as soon as possible.

What Damages Can You Seek in a Georgia Car Accident Claim?

The purpose of filing a Georgia car accident claim is to recover damages, which are monetary awards meant to compensate you for what the accident cost you. Depending on the facts of your case, recoverable damages can include compensation for the following:

• Past and future medical expenses related to the accident
• Lost wages for any time you couldn’t work while recovering
• Loss of earning capacity, if your injuries affect your ability to work long-term
• Pain, suffering, and loss of quality or enjoyment of life
• Out-of-pocket costs you incur as a result of the collision
• Property damage to your vehicle and any other personal property

If someone dies in a fatal car accident, Georgia also allows surviving family members to pursue wrongful death damages for their loss.

What Happens When the Other Driver’s Insurance Isn’t Enough or Doesn’t Exist?

Not every at-fault driver carries adequate insurance. Some carry none at all. If you get hit by a driver with little or no insurance, you may have nowhere to turn unless you have uninsured/underinsured motorist (UM/UIM) coverage as part of your own policy.

Georgia law requires insurers to offer this coverage when you buy a policy, but you aren’t required to purchase it. If you have this insurance,  it can cover your losses in cases where the at-fault driver’s insurance falls short or doesn’t exist. Given that nearly 1 in 5 Georgia drivers is uninsured, UM/UIM coverage is well worth considering.

What If the Drivers Share Fault for the Accident?

Under Georgia’s modified comparative fault rule, you can still recover damages from another party even if you played some role in causing the accident, but only up to a point. If you and another party share fault, a jury will assign each party a percentage of fault, and your recovery will decrease by your assigned percentage. If you’re 20 percent at fault, for example, your final payout gets reduced by 20 percent.

The cutoff in these situations is 50 percent. If a jury finds you 50 percent or more responsible for the accident, Georgia law bars you from recovering anything at all. This rule makes it especially important to have an attorney who can effectively counter attempts by the other side to shift blame onto you.

Contact a Georgia Car Accident Lawyer

If you’re dealing with the aftermath of a Georgia car accident, you don’t have to figure out the insurance process on your own. At R. Alan Cleveland, LLC, we’ve secured more than $150 million in settlements and verdicts for our clients, including numerous six- and seven-figure recoveries for Georgia accident victims. We know how insurers operate, and we know how to build the kinds of cases that get results. Contact us today to arrange a free consultation and find out what your Georgia car accident insurance claim may be worth.