{"id":372704,"date":"2016-10-03T17:16:15","date_gmt":"2016-10-03T22:16:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-car-accident-compensation-laws.html"},"modified":"2024-05-24T10:54:55","modified_gmt":"2024-05-24T15:54:55","slug":"georgia-car-accident-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-car-accident-compensation-laws.html","title":{"rendered":"Georgia Car Accident Compensation Laws"},"content":{"rendered":"\n
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Georgia Car Accident Compensation Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Auto accidents can be deadly. In 2020, car crashes were the leading cause of death<\/a> and the second leading cause of emergency room visits in Georgia. That same year, Georgia had the fourth-largest number of traffic fatalities in the nation. Many of these severe car accidents resulted in injury claims.<\/p>\r\n

You may not know that you aren\u2019t automatically entitled to damages, even if the other driver caused the crash. Your personal injury lawyer must prove that the other driver was negligent<\/a>. Your auto accident attorney must also demonstrate that you suffered a loss, either serious injuries or a financial loss. <\/p>\r\n

Here, we\u2019ll explain how fault impacts your car accident claim. We will also discuss Georgia\u2019s laws regarding compensation in car accident cases. If you still have questions about your personal injury case, contact an experienced Georgia car accident attorney.<\/p>\r\n

Georgia’s Car Accident Laws: Compensation and Damages<\/b><\/h2>\r\n

Below is a table outlining Georgia’s car accident and truck accident compensation laws, followed by an in-depth explanation of the critical elements.  <\/p>\r\n\r\n

Statute of Limitations<\/p>\r\n<\/th>\r\n

Limits on Damages<\/p>\r\n

 <\/p>\r\n<\/th>\r\n

Other Limits<\/p>\r\n<\/th>\r\n

Modified comparative fault<\/a> can prevent or limit recovery, depending on the driver’s percentage of fault. (Georgia Code Title 51. Torts section 51-11-7<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Georgia’s At Fault and Modified Comparative Fault Rules<\/b><\/h2>\r\n

Georgia is an at-fault state. Motorists who seek compensation from an at-fault driver must prove that the other party was the primary cause of the accident. Even if they were partially responsible for the crash as well, they can still collect damages.<\/p>\r\n

Georgia is a modified comparative negligence<\/a> state. An accident victim must be less than 50% at fault to recover compensation for car accident injuries or property damage. The judge or jury will determine each party\u2019s level of fault. A measure of 50% or more fault bars a party from recovering. <\/p>\r\n

If you recover damages, modified comparative negligence will reduce them by your percentage of fault. For example, if the court finds you to be 20% at fault, the amount you receive will decrease by 20%.<\/p>\r\n

Auto Insurance<\/b><\/h2>\r\n

Georgia law requires motorists to carry auto insurance liability coverage in case they are in an auto accident. Liability insurance compensates other drivers if you are determined to be the at-fault driver in an accident. <\/p>\r\n

The minimum limits of liability insurance under Georgia insurance law are as follows:<\/p>\r\n