Car Accident Lawsuits in Georgia
After a car accident, drivers and passengers have to deal with getting medical care, time off of work, and car repairs. If another driver caused the accident, they should be responsible for paying for the accident and covering your losses. If the auto insurance company doesn’t offer a fair settlement, you can take your case to court in Georgia.
There is a limited amount of time to file a personal injury lawsuit in Georgia. Make sure you contact an experienced car accident attorney as soon as you can to get legal advice about your case.
What To Do After a Car Accident in Georgia
The first thing to do after a motor vehicle accident is to make sure you are okay. Are your loved ones safe? Is anyone else injured? If you need emergency medical attention, call 911. If you don’t have a severe injury, you still might want to consider going to a doctor. Some serious injuries may not show up immediately, including brain injuries and soft tissue injuries.
Drivers in Georgia are required to report an accident to police. If the police come, they will generally investigate the accident and write up a police report. You should review a copy of the accident report to make sure it is accurate.
After an accident, you should exchange contact information with the other driver, including names, phone numbers, auto insurance information, and vehicle information. If you have your phone, you may also want to take pictures of the accident, including any damage to the vehicles. If there are any witnesses, you can ask for their contact information.
You also have to report the accident to your insurance company. If you delay reporting the accident to your insurance company, it may take longer to get your payment, and the insurance adjuster may be more suspicious of your car accident claim.
Will My Insurance Pay for My Injuries in a Car Accident?
Drivers in Georgia are required to have a certain level of minimum liability insurance. Minimum insurance coverage for most drivers in Georgia is 25/50/25, which means:
- $25,000 for bodily injury liability per person
- $50,000 for bodily injury liability per incident
- $25,000 for property damage per incident
Drivers can have higher coverage but may have to pay higher premiums. Other insurance options include uninsured/underinsured motorist (UM/UIM) coverage, which covers damages if the at-fault driver doesn’t have insurance.
Other optional insurance includes collision and comprehensive. Collision pays for damage in an accident, and comprehensive covers damages caused by something other than an accident, like theft or vandalism.
Who Is Responsible for My Damages After a Car Crash?
If your insurance will pay for your car accident injuries depends on your coverage. It may also depend on the cause of the accident and the other driver’s insurance policy. Georgia is an at-fault state for car accidents. This means the at-fault driver is liable for damages.
Fault in most car accident lawsuits is based on negligence. Negligence is the failure of a driver to use reasonable care, which causes the crash. An example of negligence might be a driver who was looking down at their phone and rear-ended another vehicle.
If there is a dispute over which driver was at fault, the court may have to decide which driver was negligent. In some cases, both drivers share fault in an accident. For example, if one driver didn’t have their headlights on at night and the other driver ran a stop sign, they may be considered both at fault.
What Is Comparative Fault in Georgia?
Personal injury claims can get more complicated with shared fault. The court can decide which driver was more at fault or if they were both equally at fault. Under Georgia’s comparative negligence laws, a driver’s damages are reduced by their level of fault, as long as the driver is not 50% or more at fault.
For example, if you have $100,000 in damages and a jury finds you were 40% responsible for the accident. You could get $60,000 in damages from the other driver. However, if the jury finds you are at least 50% at fault, you would get nothing from the other driver.
What Damages Are Available in a Car Accident Settlement?
Damages refer to the losses related to a car or truck accident. Damages can be economic, like medical bills, future medical costs, car repairs, and lost wages. Non-economic damages can include mental distress, loss of enjoyment in life, and pain and suffering. Punitive damages are rare in a car accident case.
If someone is killed in a car accident, a spouse, child, or parent of the car accident victim can file a wrongful death lawsuit. In a wrongful death claim, the family members can get damages for funeral expenses, burial costs, loss of support, and other damages caused by the loss of a loved one.
If you want to know how much you can get for medical expenses and other damages in an insurance claim settlement, talk to a personal injury lawyer about your case.
Is There a Time Limit for Filing an Auto Accident Claim?
Under Georgia law, there is a time limit to file personal injury cases. The statute of limitations for most car and motorcycle accidents is two years. In most cases, you have two years from the date of the car accident to file your claim. If you wait too long, you may not be able to get anything for your injuries. However, minors under 18 may have more time to file a claim.
How Can a Georgia Car Accident Lawyer Help?
In a minor accident without injury, you may not need a personal injury attorney. However, the insurance company may not be making a fair settlement offer. A low settlement amount may not even pay for your medical treatment. Don’t sign a settlement agreement before you know your legal options. An experienced car accident lawyer can help you get more money for your damages.