If you live in Georgia and you’re a new driver or have never been in an accident, you may wonder how the insurance claims will work. This article discusses Georgia’s fault system in auto accidents and how to deal with it.
What Is a Fault System in Auto Accidents?
A fault system is a set of rules that determines who is at fault in an auto accident. Each state has its fault system, and the rules can vary significantly from one state to the next. There are two main types of fault systems: no-fault and fault-based.
No-fault systems are designed to minimize litigation and keep costs down. Under a no-fault system, each driver’s insurance company pays for their damages, regardless of who is at fault. However, there are some exceptions to this rule, such as when the accident was caused by drunk driving.
On the other hand, fault-based systems are designed to ensure that the person at fault in an accident is held liable for the damages. In short, the driver found to be at fault will have to pay for the damages caused.
How Do I Prove the Other Driver’s Fault in a Car Accident?
If you were not at fault, you might be entitled to receive compensation for your damages. Here are some tips on how to prove the other driver’s fault:
1. Get the Police Report
The police report will contain valuable information that can help you. The report will list the names and contact information of the drivers involved and any witnesses. It will also include a description of the accident, which can help determine who was at fault.
2. Get the Other Driver’s Insurance Information
You must contact the other driver’s insurance company to file a claim. Get the insurance company’s name, address, and phone number. You will also need the policy number and the name of the insured.
3. Take Pictures of the Accident Scene
If possible, take pictures of the accident scene. Be sure to take pictures of the damage to both vehicles. These pictures can help prove that you were driving safely and the other party caused the accident.
4. Get a Copy of Your Medical Records
If you were injured in the accident, you need to get a copy of your medical records. These records will document the nature and extent of your injuries.
5. Speak with an Experienced Car Accident Lawyer
An experienced car accident lawyer can help you navigate the legal process and ensure you receive the compensation you deserve. Try to seek a lawyer who specializes in auto accidents.
What if I Am Partly at Fault?
If you are partly at fault in a car accident in Georgia, you may still be able to recover damages from the other driver or drivers involved. However, there are specific stipulations to this.
If you are found to be 50% or less at fault, you can still recover damages from the other driver or drivers involved. However, your damages will be reduced by your percentage of fault. For example, if you are awarded $10,000 in damages but are found to be 40% at fault, you would only recover $6,000 from the other driver or drivers involved. If you are found to be 51% or more at fault, you cannot recover any damages from the other driver or drivers involved.
Georgia’s car accident laws protect drivers, passengers, and pedestrians from harm. These laws are complex, and anyone involved in a car accident should seek legal counsel to ensure their rights are protected.
Do you need an automobile accidents attorney in Monroe, GA? You can get one from us at Hanks, Ballard & Barth (HBB) firm. Our team provides the best legal services for those involved in accidents in Georgia. Get in touch with us to book a consultation.