In Georgia’s fault-based system, the at-fault driver’s liability insurance typically pays for your vehicle damage when they hit your car. Their property damage liability coverage should cover repairs (or actual cash value if totaled) up to their policy limits. If the other driver is uninsured or underinsured—or if you want faster repairs—you may use your own Collision or Uninsured Motorist Property Damage (UMPD) coverage. For consumer guidance, see the Georgia Office of Commissioner of Insurance.
How Liability Insurance Works in Georgia
- Georgia is an at-fault state: the driver who caused the crash is financially responsible for damages.
- The at-fault driver’s property damage liability pays for your car repairs or total loss up to their policy limits.
- If your losses exceed the other driver’s limits, you can pursue the difference from them or through your own policies (e.g., UMPD or Collision).
When Your Own Coverage Can Apply
- Collision: Pays for your vehicle damage regardless of fault; you may owe a deductible, which can be reimbursed if your insurer recovers from the at-fault carrier.
- UM Property Damage (UMPD): May cover your damage if the at-fault driver is uninsured (or in some cases underinsured), subject to your policy terms.
- Rental/LOSS OF USE: Check your policy or the at-fault carrier for rental car coverage while your car is being repaired.
What To Do After Being Hit
- Call 911 for injuries and request a police report; exchange information with the other driver.
- Photograph damage, the scene, and get witness contacts.
- Open a claim with the at-fault driver’s insurer; you can also open one with your own insurer for speed (they may subrogate later).
If you’ve been in an accident and are struggling to get insurance coverage for your costs, you’re not alone. Insurance companies aren’t always eager to pay out claims, even when they should. They may make excuses why your claim isn’t covered, leaving you frustrated and wondering how to pay your bills. What you need is an experienced car accident lawyer in Atlanta to represent your interests and remind the insurance company of their obligations.
Attorney Ali Awad specializes in getting the insurance company to pay claims, and he founded the CEO Lawyer Personal Injury Law Firm to help accident victims get what they’re due. It quickly grew to be one of the fastest-growing law firms in the country. When he’s not fighting for clients, Mr. Awad offers legal knowledge to more than one million followers on social media. If you have a stack of accident bills you can’t pay, please contact the CEO Lawyer Personal Injury Law Firm for a free review of your case.
What Does Liability Insurance Cover?
Liability insurance covers two categories of damages: Bodily injury and property damage. The state minimum requirement is $25,000 in coverage for each, although larger policies are available. So if the driver who hit you was at least mostly responsible for your accident, their liability insurance should pay your claims up to the policy limit.
Bodily injury liability covers medical costs and other expenses related to your injuries. This includes in-patient and out-patient care, follow-up visits, physical or occupational therapy, prescriptions, and other treatment to help you get back on your feet. But it also covers travel expenses to see a doctor who isn’t in your neighborhood, mobility aids like a wheelchair or cane, exercise equipment needed for physical therapy practice you do at home, etc. Both mental and physical pain and suffering damages are also part of most bodily injury liability policies, as are damages for permanent disability or disfigurement.
Property damage liability is most often used for costs to repair a damaged vehicle. However, it can also cover damage to other personal property like a phone, laptop, or other expensive items that happened to be in the car with you when the crash took place. It may also cover your bicycle if you were hit while bike riding.
What Does “Mostly At Fault” Mean in a Car Accident Case?
This distinction is made under Georgia’s comparative negligence statutes, which allow for the possibility that some accidents are jointly caused by both drivers. Each driver can be assigned any percentage of the fault from 0 to 100 percent. In some cases, it may be 100 percent one driver’s responsibility. But in many other accidents, each party made at least one error that contributed to the crash.
Under the state’s comparative negligence laws, the party who is more than 50 percent at fault cannot collect damages from the second driver. This is what we mean by “mostly at fault.” The driver who was less than 50 percent at fault can collect damages, but these will be reduced by the percentage of fault they were given. As you can imagine, the less fault you take responsibility for, the better off you’ll be with your claim.
Not surprisingly, insurance adjusters and drivers often try to exploit this law by claiming you were mostly at fault. Sometimes they manage to convince people who had little or no responsibility in a crash that it was mostly on them. We’ve talked with people who were convinced they caused a collision when they only made a minor mistake that had little or no bearing on the eventual crash. Don’t let this happen to you. Speak to a car accident attorney before you talk to the insurance company.
What if the Other Driver Didn’t Have Liability Insurance?
The ideal answer is, “Your uninsured motorist coverage will take care of it.” However, if you don’t have uninsured motorist coverage, your options will be greatly reduced. Or, if you had severe injuries and extremely high medical bills with a minimum coverage uninsured motorist policy, your damages may be far more than your uninsured/underinsured motorist coverage (UM/UI).
If one of these situations is the case, we will look to see if you have MedPay or Collision coverage, as these may also kick in when the other driver’s liability insurance is lacking or nonexistent. MedPay takes care of your medical bills in an accident, regardless of fault. You can use it if you caused the accident, if you had a run-in with a deer or other animal, or if you were hit by an uninsured driver or a hit and run driver. Collision coverage will take care of your property damage in the same situations.
If you only have basic liability insurance with no UM/UI, MedPay, or Collision policies, you may be forced to pay for your healthcare and car repair bills. However, before you give up and accept this outcome, contact a personal injury lawyer for a review of your case. Sometimes they may be able to find other ways of securing compensation, such as suing a third party who may have contributed to the accident. In rare cases, it may be worthwhile to consider a lawsuit against the other driver, although in most situations, an uninsured driver won’t have enough assets for a lawsuit to recover any money. We always work to find every possible method of getting compensation for the client, so let us take a second look at your case.
Call the CEO Lawyer Personal Injury Law Firm
For a free consultation about your car accident, please contact the CEO Lawyer Personal Injury Law Firm. We work on a contingency basis, so if we take your case, you won’t owe us anything until we successfully conclude your case. Visit online to see how much your case is worth or call us at (470) 323-8779.
FAQs
Does the other driver’s liability insurance pay for my car repairs in Georgia?
Yes—if they are at fault. Their property damage liability coverage should pay for repairs or actual cash value if your car is totaled, up to policy limits.
What if the at-fault driver has no insurance?
You can use Uninsured Motorist Property Damage (UMPD) if you carry it, or rely on Collision coverage. Your insurer may later recover from the at-fault party.
Will I have to pay a deductible?
If you use your Collision coverage, you may owe a deductible initially. If your insurer recovers from the at-fault carrier, your deductible may be reimbursed.
