Written by attorney Ronald Shane Smith

Georgia Accident Insurance Company Role When You’re Not at Fault

Georgia accident insurance should provide coverage for crash liability when you are found not at fault. However, there can be complications that arise after a crash, so you might want to seek legal counsel, especially if you were seriously injured.

An attorney can review your insurance policy and the other driver's insurance to determine the type of coverage available. If it was a serious crash, liability will be a significant issue, which an attorney can help in determining.

Proving the Other Driver’s Fault after an Accident

Not being at fault for an accident doesn’t automatically mean you have no responsibility. In fact, you could be found partially at fault. This won’t interfere with your ability to recover damages unless you are found to be more than 49 percent at fault for the crash.

Georgia accident insurance may cover you up to the limits of your policy. But if you hope to receive additional compensation, the key will be proving the other driver was mostly or completely at fault.

Because of the modified comparative fault system that Georgia follows, it is critical that you establish the other driver’s negligence. The 50 percent rule means you cannot recover damages if you are half at fault or more.

Car Insurance Company’s Responsibility after a Georgia Accident

Insurance requirements are outlined so that motorists must carry liability coverage and the minimum amounts are:

  • $25,000 per person for bodily injury;
  • $50,000 per accident; and
  • $25,000 per accident for property damage.

Because premiums generally increase when insurance is used, you will want to make sure the company is aware that you were not at fault. You shouldn’t have to pay the other driver’s expenses when he or she was responsible.

On the other hand, assuming the negligent party also carries the minimum requirements, his or her insurance company has a responsibility to cover you, up to the limits of the policy.

Bodily injury covers injuries to you and any passengers in your car. This includes medical costs, lost wages, pain and suffering, and other injury-related expenses.

How much you are entitled will depend on the total of your damages and the other driver’s policy limits. If your costs exceed the minimum $25,000 and the at-fault driver doesn’t have more coverage than that, you may need to look at other legal actions that can be taken to recover the rest of the monies.

Despite liability being the minimum requirement in Georgia, accident insurance could include other options. For instance, let’s say you purchased Medical Payments coverage. Up to the limits in your policy, this covers almost any type of medical care related to the crash and your injuries. Coverage isn’t dependent on crash liability.

Additionally, you or the other driver may have other insurance options. It will be important to discuss your case with an attorney.

Georgia Accident Insurance and Crash Liability Become Clear When Explained by an Attorney

No one knows when he or she could suddenly become the victim of a serious accident. In 2009, the city of Atlanta experienced 47 fatalities stemming from accidents.

Don’t delay speaking to an attorney. Legal counsel can evaluate your right to compensation and ways in which you might be covered by Georgia accident insurance. The Law Offices of Shane Smith can help you decipher the confusing Atlanta car accident laws, call today (888) 927-6955.

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