Practice Areas
Yes, as long as you were less than 50 percent at fault. Georgia is one of many states that utilizes a modified comparative fault doctrine for personal injury cases such as car accidents.
Can You Get Compensation if the Accident Was Your Fault?
In a civil court case, a jury is asked to assign some percentage of fault to both parties. They can decide that one party is 100 percent at fault and the other 0 percent at fault, or they can choose any percentages in between that add up to 100. A party found to be less than 50 percent at fault can be awarded damages from the other party.
One final condition of this rule is that whatever percentage of fault the less-responsible party has will be deducted from their damages. For instance, if you were found to be 15 percent at fault, and you were awarded $10,000 in damages, you would receive only $8,500. But if you were 0 percent at fault, you would get all $10,000.
Comparative Fault in the Real World
When we explain comparative fault this way, it sounds simple, but in reality, car accident cases aren’t always simple. First, it’s helpful to understand that apportionment of fault is very subjective. Sometimes a jury will have a very different idea of each party’s share of fault than you do. Having an experienced attorney on your side to build a strong case can help reduce the risk of an unfavorable outcome, but sometimes juries are unpredictable.
The second thing to understand is that many car accident cases aren’t decided by a jury. Most of the time, we negotiate a settlement with the other driver’s insurance company outside of court. Going to trial can be expensive, time-consuming, and above all, stressful for the client. As attorneys, our job is to support our client’s best interests, so if we can secure an appropriate settlement without putting them through a trial, we make every effort to do that.
Beginning a Car Accident Claim
First, we discuss the details of the case with the client and estimate how much their damages are worth. It’s very common for accident victims to underestimate their damages – many people don’t consider future costs or include all expenses. We also assign a team of investigators to gather as much evidence as possible to support the client’s claim and show that the other driver was at least mostly at fault (more than 50 percent).
Next, we file a claim with the other driver’s insurance carrier. They may reject the claim or make a lower counteroffer. Insurance companies don’t want to pay claims, and when they do pay them, the insurance adjuster aims to pay as little as possible. With this in mind, it’s easy to understand why the insurance adjuster often insists that the injured party is at fault in the accident, or mostly at fault.
There is no jury at this point, so the insurance adjuster’s opinion of how much at fault you are is just that, an opinion. However, their client’s perceived level of fault will still affect the negotiations. For instance, once we give the insurance company an idea of how much evidence we have of their client’s responsibility in the accident, they may be more willing to negotiate a reasonable settlement. Yes, they could refuse to pay, and we could take the insurance company to court. But if the odds of the insurance company winning are low, it will still be expensive and time-consuming on their end, as well. Additionally, a jury might award the injured party a large amount of money, possibly more than the insurer would pay in a reasonable settlement. For this reason, we can often negotiate a deal that satisfies both parties.
Do You Have to Accept a Settlement?
No. This is entirely your decision. We will explain any offer the insurance company makes to you and answer whatever questions you have. If we believe the offer is too low to cover all your costs, we’ll tell you that, but it will ultimately be up to you to decide. We can continue to negotiate with the insurance carrier, but at a certain point, they will make their best offer and you’ll need to decide if you want to accept. If the insurance carrier is refusing to make a reasonable offer and you want to go to trial, we’re prepared to fight for your rights in court.
Other Considerations About Fault
While most car accident cases begin and end in negotiations with an insurance carrier, there are some less common situations to consider:
Your Claim is Worth More Than the Insurance Policy Limit
Georgia law requires that drivers carry $25,000 in bodily injury liability coverage ($50,000 per accident) and $25,000 in property damage liability. If you get in an accident with someone who has this minimum coverage and you suffer severe injuries, your medical bills alone could be in the six figures – to say nothing of other damages like pain and suffering, lost income and earning potential, and more. Even if we have ample evidence that the other driver was 100 percent at fault, we can’t make the insurance carrier pay more than the policy limit.
Are you out of luck in this situation? Not necessarily. You can sue the other driver personally for the remaining damages. Once again, we can negotiate with the driver’s attorney and may be able to settle out of court, especially if you have a strong case and they might not fare well at the trial.
However, we sometimes run into situations where the other driver has no significant assets that we can seize upon winning a lawsuit. When this happens, it may not be worthwhile to spend time and money on a lawsuit, only to receive nothing because the driver can’t pay the judgment. Again, we don’t advise clients to do anything that isn’t in their best interest.
But we may be able to find other opportunities for recouping the remaining damages. In certain cases, your own uninsured/underinsured motorist coverage may pay some or all of the balance. If you have MedPay coverage, you can use this for some of your medical bills. Occasionally we may also be able to sue a third party whose negligence contributed to the accident or your injuries, even if they weren’t driving. For example, if your injuries were more severe than they should have been because your airbag failed to deploy during the accident, you might have a case against the airbag manufacturer.
The Other Driver Doesn’t Have Insurance
This is unfortunately a common problem in Georgia, where 12.4 percent of drivers are uninsured. Here your options are similar to those in cases where the policy limit is exceeded. We’ll consider whether a lawsuit against the other driver would yield any compensation, and if not, we’ll look at your own insurance coverage and potentially liable third parties.
Contact the CEO Lawyer Personal Injury Law Firm Today
Because there are often possibilities that the injured party may not have thought of, we always encourage people to call us for a free consultation to learn their options. If there is a way to get you the compensation you deserve, we’ll find it. Your initial consultation is free, and we never charge any fees until we win or settle your case. Talk with one of our experienced car accident lawyers today at 833-254-2923.