{"id":9166,"date":"2023-09-12T05:57:00","date_gmt":"2023-09-12T05:57:00","guid":{"rendered":"https:\/\/www.freeway.com\/knowledge-center\/?p=9166"},"modified":"2024-01-25T19:05:47","modified_gmt":"2024-01-25T19:05:47","slug":"fault-vs-no-fault-georgia-auto-insurance","status":"publish","type":"post","link":"https:\/\/www.freeway.com\/knowledge-center\/auto\/fault-vs-no-fault-georgia-auto-insurance\/","title":{"rendered":"Fault vs. No-Fault: How Georgia’s Auto Insurance Works"},"content":{"rendered":"\n
You may have heard the terms \u201cat-fault\u201d and no-fault\u201d before and wondered what they mean in terms of your car insurance. If you live in Georgia, you live in an at-fault state, which means whoever causes an accident is responsible for the injuries and damages of other parties.<\/p>\n\n\n\n
Georgia law uses the modified comparative fault rule, which sounds like a lot of legal jargon, but it boils down to this: the at-fault driver\u2019s insurance company is responsible for helping to pay for the accident victims medical costs and repair bills. If there is fault to be shared between two or more of the drivers involved, the insurance companies, the law or the courts determine how much of the blame each driver gets and this decision may affect your responsibility.<\/p>\n\n\n\n
That\u2019s why you are required to carry liability insurance in Georgia<\/a>: to help pay for any damage you cause while driving. If you are the victim in a car crash, the other driver\u2019s insurance helps pay for your bills.<\/p>\n\n\n\n It\u2019s just a legal way to say auto insurance is designed to pay for the damages and medical bills an insured drivers causes if they are at fault for car crash. An at-fault system means the insurance company will pay for damages and medical bills sustained by other parties \u2013 up to the limits of their policyholder\u2019s coverage.<\/p>\n\n\n\n A tort state is the opposite of a no-fault state, where insurance companies pay for the damages sustained by their policyholder, no matter who is at fault in an accident. In a tort state, people can take their grievances to the courts in the form of a personal injury lawsuit. In no-fault states, people are very limited in what they can sue for after an accident.<\/p>\n\n\n\n Your insurance company and the courts use police reports, accident scene evidence and witness statements, if there are any, to determine fault for accidents in Georgia.<\/p>\n\n\n\n In a modified comparative fault state such as Georgia, your damages can be reduced or even eliminated if you are found to a contributor to the accident. For example, if you are driving through an intersection and get hit by a driver who runs the red light from the other direction, you would think the other driver was fully at fault. But hold up. If you were speeding<\/a> (even a little), you may be found to share some of the blame.<\/p>\n\n\n\n The other driver may be assigned 90% of the fault, where you receive 10% of the blame. Your damages may be reduced by 10%.<\/p>\n\n\n\n When you are injured and your car is damaged, you just want someone to pay up. If you are the victim in this situation, you have the right to file a personal injury claim for compensation against the other driver\u2019s insurance company for damages, including property damages and medical expenses.<\/p>\n\n\n\n If you aren\u2019t getting the amount you want, you may hire an Atlanta car accident lawyer (if this happens there) and take your case to court.<\/p>\n\n\n\n If you are filing a claim with an insurance company, the adjuster will need certain pieces of information from you. They will visit the scene of the accident to make a determination of possible contributing factors (such as a stop sign covered by a tree or bush) and circumstances (was it raining?). If possible, they will need to inspect your car.<\/p>\n\n\n\n They\u2019ll need witness statements, your medical bills, any physical evidence and any photos you (or someone) took at the scene. Be sure you get the contact information of the other driver.<\/p>\n\n\n\n If you find yourself the victim in a car crash caused by another person and their insurer wants to negotiate with you for a settlement, you have options. You have the right to request a neutral location and a set time limit for the meeting. You also have the right to consult a car accident attorney (or any attorney).<\/p>\n\n\nWhat is Tort Liability?<\/strong><\/h2>\n\n\n\n
How is Fault Determined in Georgia?<\/strong><\/h2>\n\n\n\n
At-Fault Parties and Their Responsibilities in Georgia<\/strong><\/h2>\n\n\n\n
How Adjusters Investigate and Make Determinations<\/strong><\/h2>\n\n\n\n