This is a common question after a car accident. Georgia is an at-fault state for motor vehicle accidents and a comparative negligence state. We’ll talk about what that means and how it affects your claim, but the main takeaway is working on proving your lack of fault immediately. Unfortunately, the other driver and their insurance company may already be working on a claim.
This is why you must speak with a car accident lawyer immediately after an accident. Attorney Ali Award knows all the strategies big insurance companies use to avoid paying your claim, and he has the knowledge and expertise to fight for your legal rights to compensation. In just a few short years, he grew the CEO Lawyer Personal Injury Law Firm into one of the fastest-growing firms in the country. If you’ve been in an accident, don’t hesitate to call the injury accident attorneys at the CEO Lawyer Personal Injury Law Firm for a free consultation. There’s no obligation, and if we take your case, you won’t owe us anything until we win.
Fault and Car Accident Laws in the State of Georgia
You may have heard of “no fault” states like Florida or New York, where each driver’s insurance covers the damages in an accident, regardless of fault. Most of these states require Personal Injury Protection insurance, so you can get coverage for your medical bills if you’re hurt in a car crash. This system has benefits, such as reducing the strain on the court system and ensuring that insurance claims are paid relatively quickly, with no need to argue about who caused the crash. However, it also has downsides. Once you reach your insurance limits, you may be out of luck if you have more bills. There are a few circumstances where an injured party can sue the other driver, but these are limited and not an option in most cases.
With comparative negligence statutes, a person can collect damages from the other driver (or, in most cases, their insurance carrier) if the other driver was more than 50 percent at fault. A driver who is more than 50 percent responsible can’t collect damages from the other party. If you are at fault for some percentage between 0 and 50, you will be able to receive compensation, but your total award will be reduced by the percentage you were responsible for. So if you were 15 percent at fault, you would lose 15 percent of the total compensation you were due.
As we mentioned earlier, insurance companies often spend a great deal of time trying to prove the other driver is at fault. If you were more than 50 percent responsible, they pay nothing, and their client gets their damages covered by your insurance. If you were less than 50 percent at fault, they would have to pay, but not as much. There is no downside to the other driver’s insurance company trying to blame you.
Of course, there is a difference between the insurance adjuster saying you were at fault and proving it in court. If your case goes to trial and a jury finds you were less than 50 percent at fault, they still have to pay. But guess what? Most personal injury cases settle out of court. Sometimes, the insurance only has to convince one person that you’re at fault – you. This may seem hard to believe, but we’ve met people who thought an accident was their fault because of something an insurance adjuster said, and they were mistaken. Or the insurer may have convinced them that the accident was mostly their fault when they only contributed by a small percentage.
This is why we recommend talking to an experienced car accident attorney before chatting with the insurance company. A free consultation won’t cost you anything and may save you from losing out on money the other driver’s insurance company rightfully owes you. If the insurance company calls before you have a chance to consult a lawyer, remember that you don’t have to talk to them right away.
What Is No-Fault Insurance?
No fault insurance is available in some at-fault states that do not require it, and it allows drivers to have coverage regardless of who caused an accident. This specific type of insurance is not available in Georgia, but there are other insurance options to cover some of the same things that no-fault insurance does:
Medical Payments Coverage, or MedPay. This will cover your medical expenses if the other driver or their insurer disputes their fault, and in most cases, even if you were at fault. It’s also helpful if the other driver was uninsured/underinsured (in some cases, you may use both kinds of coverage). This type of insurance is available to Georgia drivers but is not required, so don’t assume you have it. If you don’t remember buying it, check your policy or talk to your insurance agent.
Collision coverage. Your standard liability coverage will pay for damage caused to another driver’s vehicle if you are at fault, but this does not cover your own vehicle. Unfortunately, many people don’t realize this until they seek compensation for their vehicle damage. Collision coverage will pay for damage to your car, but it is not required in Georgia, like med pay. Be sure to check your policy to see if you have it.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. 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!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.