Is Georgia a No-Fault State for Car Accidents?
There are two primary types of state laws regarding insurance claims following car accidents: no-fault and fault-based laws.
No-fault states require drivers to carry personal injury protection (PIP) coverage and first seek compensation from their own insurers, no matter who was to blame for the crash. These states require drivers to meet certain requirements before they can file a claim against an at-fault driver. Fault-based states allow drivers to immediately file an injury claim with the insurer of the driver who caused the accident.
Georgia is a fault-based state for auto insurance claims following car accidents. This means you must prove who was to blame for your crash, which is not always easy. If you need to file an insurance claim against an at-fault driver in Gwinnett County, seek help from our car accident lawyers as soon as possible.
Proving Fault in Your Georgia Car Accident Claim
To obtain auto insurance compensation in a fault-based state like Georgia, you must sufficiently prove that someone else should be liable for your accident and injuries. This requires proving another driver was negligent and caused the crash, and types of negligence might include:
- Distracted driving
- Impaired driving
- Fatigued driving
- Aggressive driving or road rage
- Failure to yield
- Following too close
- Improper lane change or turn
- Other violations of the traffic laws
There are many ways drivers can be negligent, and you might firmly believe that someone else was responsible for causing your accident. However, your word is not enough, and the at-fault driver’s insurance company will require additional evidence to support your liability claims.
Our car accident attorneys will help gather the necessary evidence to prove your claim, which may include:
- Accident reports
- Arrest reports
- Traffic citation convictions
- Video from police, other motorists, or nearby businesses
- Photos of vehicles and injuries
- 911 calls
- Witness statements
- Admissions by the liable driver
- Accident reconstruction expert reports
In many cases, the police might issue a citation or even arrest the at fault driver for a violation of the law following the accident. When this happens, and the driver is found guilty of a traffic or criminal violation, our attorneys will use the certified copy of the conviction as conclusive evidence of negligence and liability.
In addition to proving liability, you must prove the damages you incurred for which you are seeking compensation. Insurers will try to limit their liability by underestimating your losses and making insufficient settlement offers. Our lawyers are proficient in presenting evidence of your:
- Medical expenses
- Estimated future medical costs
- Lost income and future lost earnings
- Loss of earning capacity
- Physical and mental pain and suffering
- Future physical and mental pain and suffering
- Punitive damages for willful or reckless conduct
When you need to file a fault-based car accident claim, allow our legal team to handle all insurance communications and negotiations. While you are receiving medical treatment, you should not accept a settlement offer. Never accept a settlement offer without having an attorney review it, so you don’t end up with less compensation than you deserve.
Speak with Our Gwinnett County Car Accident Attorneys
While there are benefits to living in a fault state for auto insurance, it makes the initial claim process more complicated in many situations. Allow our experienced car accident lawyers at Banks, Stubbs & McFarland to handle your claim. We can help you document your damages properly through receiving appropriate and high quality medical treatment in order receive the maximum compensation you deserve. You may contact us for more information and a free case evaluation today.