“No-fault” provisions regarding accident laws state that any party to an accident will share the responsibility for the loss, and no one person will be deemed solely at fault and responsible for paying for all of the damages.

no fault state

Georgia is not a no-fault state but is considered an “at fault” state. When referring to no-fault in terms of an accident, it references the type of insurance applicable in the event of a car accident. The term no-fault insurance means that the driver’s auto insurance carrier will pay for that insured’s medical bills and lost wages, regardless of the at-fault party for an auto accident. Also, with at-fault insurance, the at-fault party will be responsible for paying for the losses on account of being at fault for the accident.

Georgia Is an At-Fault State

Georgia is an at-fault state. If you are involved in a car accident and are less than 51% at fault (for example, you are deemed to be 49% at fault), you will not be responsible for paying for the damages that result from that car accident. Additionally, Georgia is a proportional comparative fault state, which means that both drivers involved in the car accident will share the fault for the accident together. It is assumed that one driver’s fault or responsibility for the car accident will tip the scales up to 51%, and when this happens, that driver pays for his damages and losses – and cannot seek reimbursement from anyone else.

What to Do After an Accident?

Immediately after an accident, it is important to document everything related to the loss. At this point, you should have called the police to the scene of the accident and given them your statement as to exactly what happened to cause the accident. Next, you will need to fill out a Motor Vehicle Crash Report in Georgia, and it goes over the details related to the crash. You’ll also want to include in the report information related to:

  • Vehicle accident contributing factors
  • Roadway accident contributing factors
  • Weather at the time of the crash
  • Operator condition
  • Harmful events related to the crash
  • Vision obscured in the vehicle
  • Any injuries sustained by anyone in the vehicle

The Other Person’s Insurance Company

Some people exchange insurance information at the scene of an accident and get a telephone call from the other person’s insurance company. Many people do not want to talk to the other person’s insurance company, regardless of who is at fault for the loss. It could be beneficial to have an experienced attorney run interference for you when dealing with the other person’s insurance company. That is where we come in. We can help you safely navigate this process after the losses associated with a car accident.

If you have been in a car accident in Georgia, give us a call at the CEO Lawyer Personal Injury Law Firm. We can go over your car accident details to help you understand the fault, who is responsible for reimbursing for losses and damages, and how to apply laws related to car accidents in these cases. Our injury and accident attorneys are here for you every step of the way and will work with you to a successful conclusion. Just call today!

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.