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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > Is Georgia A No-Fault Or Fault State?

Is Georgia A No-Fault Or Fault State?

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Being involved in a car accident can be a traumatizing and devastating event. One of the most important questions to ask when you are involved in a car accident is whether you are in a no-fault or fault state. Why? It determines how your expenses, damages, and loss of wages would be recovered.

Our Alpharetta personal injury lawyers at Hawkins Spizman Trial Lawyers can explain what options are available for you if you were recently involved in a car accident in Alpharetta or other parts of the state.

What Is a No-Fault Law?

A no-fault law, also known as a “personal injury protection” (PIP) law, is a system where every driver involved in a car accident is responsible for their own damages, regardless of who is at fault. This means that you cannot sue the other driver for damages or losses in a no-fault state. Instead, each driver must carry insurance that covers their own medical expenses, lost wages, and other related costs.

What Is a Fault Law?

Contrary to a no-fault law, a fault law is a system where the driver who caused the accident is responsible for the damages, losses, and expenses of the other driver involved in the accident. If you are involved in a car accident in a fault state, you have the right to sue the other driver for damages that include medical expenses, lost wages, and other related expenses.

Is Georgia a No-Fault or Fault State?

Georgia is a fault state in terms of car accidents. This means that if you are involved in a car accident in Georgia, you can sue the driver who caused the accident for damages, losses, and expenses.

Georgia’s minimum liability insurance requirements cover property damage ($25,000) and bodily injury ($25,000 per person and $50,000 per accident), according to the official website of the State of Georgia.

Options for Compensation After a Car Accident in Georgia

After a car accident in Georgia, you have several options for recovering damages, losses, and expenses:

  • You can file a claim with your own insurance company if you have collision or comprehensive coverage.
  • You can file a claim with the at-fault driver’s insurance company.
  • You can file a lawsuit against the driver who caused the accident.

It is important to note that Georgia follows a modified comparative negligence system, meaning that you must be found to be less than 50% at fault for the accident to recover damages from the other driver. If you were partially at fault, the damages you recover will be reduced by the percentage of fault that is attributed to you.

Get Professional Legal Guidance

Knowing whether a state follows a no-fault or fault system is extremely important for understanding how the compensation process would work in the case of a car accident.

If you are involved in an accident in Georgia, contact our skilled lawyers at Hawkins Spizman Trial Lawyers who can guide you through the steps to take to get the compensation you deserve. We represent accident victims throughout the state of Georgia, including Alpharetta, Dunwoody, Johns Creek, Cobb County, Gwinnett County, Fulton County, Atlanta, and Sandy Springs. Get a free, no-obligation case review by calling 770-685-6400.

Source:

oci.georgia.gov/insurance-resources/auto

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