Georgia Car Accident Laws 2024 Explained

If you were in a car accident in Georgia, you need to know the state rules that could affect your claim or legal rights. It can be very helpful to know how to prove fault, what you need to tell, and how long you have to file a claim, even if you don’t end up going to court. Georgia car accident laws cover issues like who is at fault, how much money can be given, and how long you have to file a claim.

How to Prove Fault in a Georgia Car Accident Case

Georgia has a traditional method for figuring out who is at fault in car accidents. The person who was found to have caused the accident is responsible for paying for the damage that happened. The insurance company of the driver who caused the accident pays for the other person’s hospital bills, property damage, and other losses.

In no-fault states, everyone is covered by their own insurance, no matter who caused the accident. In Georgia, however, drivers can file claims directly with the insurance company of the driver who was at fault. If the insurance company doesn’t offer a fair payment, they can also go to court.

Georgia’s modified comparative negligence rule also applies if more than one person is partly to blame for the accident. If a party is less than 50% at fault, they can still get damages under this rule, but the amount of their pay will be lowered by the amount of fault.

For instance, if you were 20% to blame for the accident and were given $10,000 in losses, your pay would be cut to $8,000. However, you can’t get any money back if you are found to be 50% or more to blame.

Georgia Car Accident Damages

In Georgia, people who have been in car accidents can file a claim or case to get money for their losses, which are called “damages.” Some of these losses are:

• Medical expenses. These cover both short-term and long-term medical care, such as hospital bills, physical therapy, and medications.
• Lost income. This is money to make up for the pay you lost while you were hurt and couldn’t work. If your injuries leave you unable to work for a long time, you could also get money for missed wages in the future.
• Pain and suffering. You can receive money to make up for the physical pain and mental stress the accident caused. Anyone can feel this kind of non-economic hurt, and it’s different for each person.
• Damage to property. You can claim for payment to fix or replace the damaged car and other personal items that were involved in the crash.

How Long You Have to File a Claim in Georgia

A statute of limitations tells you how long you have to file a case. In Georgia, people who were hurt in a car accident usually have two years from the date of the accident to file a claim. If you don’t do this within this time window, you might lose your right to seek compensation.

There are four years from the date of loss of property to file a claim. Within four years after the accident, you can make a claim for compensation if your car or other belongings were damaged. If someone dies in the car accident, their family has two years from the date of the accident to file a wrongful death claim. This means that the clock starts on the date of the victim’s death, which might be different from the date of the accident.

If you don’t file by the due date, the person who is legally responsible will almost certainly ask the court to throw out the case, which it will likely do. Therefore, it’s very important to remember these due dates if you want to keep your legal rights. Even if you think your insurance company will settle your case, you should give yourself a lot of time to file a claim in case talks fall through.

How to Report a Car Accident in Georgia

Georgia law requires drivers to report any car accident that:

• Result in harm or death.
• Results in more than a certain amount of damage to property.

Right away, the report needs to be made to the police in the area, the county sheriff, or the state police. If you don’t report an accident, you could face legal problems and find it harder to file an insurance claim later.

Georgia Car Accident Law FAQs

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

A: If you are not at fault in a Georgia vehicle accident, the at-fault driver’s insurance should pay for your damages, which include medical costs, property damage, and missed income. You can submit a claim to their insurer or, if required, bring a legal claim. It is critical to document the collision, report it to the police, and tell your insurance carrier while gathering evidence to back up your claim.

Q: Is Georgia a No-Fault Car Accident State?

A: No, Georgia is not a state where the other driver doesn’t have to pay for your injuries. It is based on fault, which means that the driver who caused the crash is responsible for paying for the damages. In no-fault states, drivers depend on their own insurance to pay for damages, no matter who caused the crash.

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

A: Georgia determines fault by evaluating evidence such as police records, witness testimony, traffic statutes, and any available camera footage. Insurance adjusters or judges will use this information to determine culpability. Georgia follows a modified comparative negligence rule, which means that a party can claim damages if they are less than 50% to blame, with the compensation reduced by their proportion of culpability.

Q: Do You Have to Call the Police After a Minor Car Accident in Georgia?

A: Yes, you must report an automobile collision to the police in Georgia if there are injuries, fatalities, or property damage that exceeds a certain amount. Even in small incidents, it is advisable to submit a police report to document the incident, since this can be useful for insurance claims or potential legal concerns.

Contact Barnes Law Group

If you have been involved in a car accident, our skilled car accident attorneys at Barnes Law Group can represent you. Contact us today to get started.