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Is Georgia A No-Fault State?

By Butler Prather LLP on September 3, 2020

No one expects that they will be involved in a vehicle accident. However, every driver on the roadway is required to carry vehicle insurance in the event an accident does occur. It is important to understand how fault is determined in the aftermath of a vehicle crash. However, when it comes to determining fault and insurance issues, various states around the country handle these incidents through a “no-fault” system. Here, we want to discuss whether or not Georgia is a no-fault insurance state and what this means.


Understanding the no-fault insurance system

“No-fault” insurance systems are used in various states throughout the country when it comes to vehicle accidents. Notably, our neighbors to the south, Florida, use a no-fault insurance system.

In a no-fault insurance system, drivers turn to their own personal insurance carrier for compensation in the aftermath of sustaining an injury in a crash regardless of which party caused the incident. For example, suppose that Greg rear ends Samantha at a stoplight. Unfortunately, Samantha sustains a concussion. In a no-fault insurance state, Samantha will rely on her own insurance carrier to handle any medical bills that arise due to the incident, even though she did not cause the crash.

In most circumstances, lawsuits against the at-fault driver are barred in a no-fault system. However, lawsuits may be allowed in the event certain injury thresholds are met based on severity and/or the monetary value of the losses.

Georgia is a fault-based accident state

Georgia is not a no-fault state when it comes to vehicle accidents. Georgia follows what is considered a traditional fault-based system when a vehicle accident occurs. This means that the at-fault party’s insurance carrier is going to be responsible for covering the injury expenses and property damage of the other party involved. The minimum insurance required in Georgia is as follows:

  • Bodily Injury Liability: $25,000 per person and $50,000 per accident
  • Property Damage Liability: $25,000 per accident

Determining fault in the aftermath of a Georgia car accident is often complicated. While it is sometimes clearly evident which party caused the crash, that is not always the case. It may be necessary to conduct a complete investigation into the crash, which includes uncovering video or photo surveillance, gathering statements from eyewitnesses, analyzing vehicle “black box” data, and more. A skilled Georgia car accident lawyer will have the resources necessary to help injury victims through this part of the process.

What about modified comparative negligence?

Georgia does operate under a modified comparative negligence system that looks at the amount of fault that each party had for the car accident in question. In Georgia, a personal injury victim is able to recover compensation for a crash so long as it is determined that they are 50% or less at fault for the incident. If they are more than 50% at fault, they will be unable to recover any compensation.

However, while a car accident victim can recover compensation if they are partially at fault, the total amount of compensation they are awarded will be reduced based on their percentage of fault. For example, if a driver is awarded $100,000 in total compensation, but a jury determines that they were 10% at fault for the incident, then the driver will only receive $90,000 in compensation.

Posted in: Car Accidents

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