Who Pays Car Accident Compensation in Georgia?

In general, to legally drive in Georgia, you must purchase a minimum car insurance liability policy. This covers damage you cause in an accident. Known as 25/50/25 coverage, the legal minimum policy is $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.

Optional insurance policies available to Georgia drivers include:

• Uninsured or under-insurance motorist insurance (UIM or UM): Georgia car insurance providers must offer UIM. If you do not want this optional coverage, you must decline it in writing. It pays for things like medical and other crash-related expenses when the at-fault driver has no car insurance, or you have exhausted their policy. You may also file a UIM claim with your insurer in cases of hit-and-run.
• Comprehensive: Sometimes called “full coverage,” comprehensive insurance pays for non-collision-related damage to your vehicle like theft, vandalism, or hitting an animal, for example. If you have a loan or lease on your vehicle, you may be required to carry this insurance.
• Collision: In general, this pays for damage to your vehicle in an accident caused by you.
• Medical Payments (MedPay): Regardless of fault, MedPay helps cover medical and related expenses after a crash like ambulance fees, hospital stays, X-rays, professional nursing services, dental procedures, and funeral costs.
• Rental reimbursement: While your vehicle is being repaired, this type of insurance may reimburse you for a rental vehicle or taxi, Uber, Lyft, or another rideshare.
• Roadside assistance: If you break down and have this type of insurance, this policy helps pay for towing and labor.
• GAP coverage: After an accident, a Guaranteed Asset Protection (GAP) policy helps pay the difference between the value of your vehicle and the remainder of the loan.

Yes, you can sue the at-fault driver directly, aka file a tort lawsuit, but this is often not your most effective option. In general, after a Georgia car accident, injured victims have several options to recover damages. A lawyer can help you choose the best course of action for your situation. You could:

• File a “first-party” claim with your own insurance provider. This is a good idea if you want to access your UIM, MedPay, GAP, comprehensive, or other applicable coverage on your own policy.  In some cases, your insurance provider may pay your claim and then go after the at-fault driver’s insurer for reimbursement.
• File a “third-party” claim with the at-fault driver’s insurance company or another liable party, like a manufacturer of a defective vehicle.
• File a car accident lawsuit against the at-fault driver, in which case their insurance provider will represent their interests in court. This may be necessary if the insurance adjuster refuses to give you the full compensation that you are entitled to collect. In theory, a lawsuit can also go after the driver’s personal assets, although this is usually impractical.

Because Georgia has a statute of limitations on car accident claims and wrongful death actions, it is important that you consult an attorney right away after a crash. Typically, you have two years to file a claim in Georgia, but various factors can change the deadline and your lawyer will want to investigate the crash before important evidence fades away. To find out how the statute of limitations applies to your specific situation, contact a Georgia car accident lawyer for a free case consultation.

On average, compensation for Georgia car accident claims can easily reach tens of thousands to hundreds of thousands of dollars. Some cases end with multi-million-dollar verdicts. In general, there are two types of damages you may collect:

• Economic: For physical losses with an objective value.
• Non-economic: For subjective things like pain and loss of companionship.

There are many factors that influence compensation. For an estimate of your claim’s value, schedule a free consultation with a car accident attorney. In the meantime, here are some factors that may influence your crash compensation:

Economic

• Medical expenses.
• Ongoing treatment.
• Lost wages.
• Diminished earning potential.
• Replacement services.
• Property damage.
• Diminished value of your vehicle.

Non-economic

• Pain and suffering.
• Loss of enjoyment due to things like reduced range of motion or mental capacity.
• Loss of companionship or guidance. This is usually reserved for fatal accidents.
• Emotional distress.

In rare, egregious cases, a judge may award punitive damages (aka exemplary or vindictive damages).

Remember: the only way to get full value is to have the right representation. Only your Georgia car accident lawyer will fight to get you the money you deserve.

Unfortunately, this happens a lot: about 12 percent of Georgia drivers are not insured, according to estimates. If an uninsured driver hits you and causes damage, you can file a claim with your insurance provider through your uninsured motorist (UIM) coverage. UIM, or UM, is a standard component of Georgia car insurance policies. Unless you specifically declined this coverage in writing, your policy most likely includes it. Your other option is to file a civil lawsuit against the driver, but that is rarely advisable. Typically, people who do not carry auto insurance do not have many personal assets. You could sue them, win, and still not get the compensation you deserve.

Filing a car insurance claim is a high-stakes and painstaking process where any little slip-up could cost you big. An experienced Georgia car accident attorney with a winning record can protect your right to compensation.

Your lawyer can handle the insurance company for you, investigate the crash, collect evidence, calculate the full value of your claim, and negotiate aggressively for maximum compensation. If the insurance company won’t be reasonable, your attorney can prepare to take them to court.

You only get one shot at this. Put yourself in a position to get maximum results. Contact these law firms to schedule a free case consultation today.