Unfortunately, these are things we need to consider. The accident rate in Georgia is steadily rising: from 2008 to 2015, motor vehicle accidents in Georgia rose about 26% from 306,342 crashes to 385,221 crashes. These accidents were accompanied by an increase in serious injuries.
Fulton County alone saw 55,833 crashes in 2014. Though we can hope for the best, we should prepare for the worst, and that is why it’s important to know precisely whose insurance covers the cost of damages and injuries in an auto accident.
Accident victims may sue the responsible party for current and future medical expenses, lost wages, lost earning capacity as well as pain and suffering. In its simplest form, the insurance of the person responsible for an accident covers the damages to the person who was not responsible. An insurance company is only going to pay up to the amount of the policy, after which it is usually necessary to look for additional coverage. That often involves looking for umbrella coverage that the other driver may have or underinsured or uninsured motorist coverage that you have.
Of course, often more than one party is responsible for an accident, and, in Georgia, your degree of responsibility governs the percentage of compensation to which you are entitled. Georgia follows a modified comparative fault rule. That means if a court finds you to be 20% responsible, then your compensation will be reduced by 20%. If you are 50% or more responsible, then you are not entitled to compensation at all. If your case settles before trial, then the insurance companies and the car accident lawyers involved in the negotiations consider the percentage of fault when calculating compensation offers or demands.
You may have the bad luck of being the victim of a crash with an underinsured or uninsured motorist. Of course, your attorney can sue the at-fault motorist directly, but people without proper insurance usually don’t have much in the way of assets to compensate you. For that reason, it’s smart to carry insurance that protects you against underinsured or uninsured motorists.
Sometimes a person gets into an auto accident while acting in the course and scope of their work. If that person was an employee of a company or another person, or if a company or another person controlled the time, manner, and method of the person’s work, then you may have additional options. O.C.G.A. §§ 51-2-2, 51-2-5.
In Georgia, an individual must carry a minimum of $25,000 in bodily injury liability coverage per person and $50,000 per collision. The law also requires a minimum of $25,000 in property damage liability coverage per occurrence. This liability insurance covers the other party if you are at fault in an automobile accident. Of course, many people decide to buy more coverage, because if they are found to be responsible for an auto accident, the minimum bodily liability coverage will not go far in covering medical expenses. Also, when someone doesn’t carry enough liability coverage, an accident victim can come after his or her personal assets.
If you want to cover your personal car, you must buy physical damage insurance – something that is not required under Georgia law.
In addition to liability coverage, some people choose to buy umbrella insurance policies. An umbrella insurance policy works like extra liability insurance. It may provide additional monetary coverage above the limits of the person’s liability insurance. It may also cover claims that would have been excluded by the liability insurance policy. If the person is in an accident, the liability insurance will pay first, and then the umbrella policy will pay next. The umbrella policy will pay for anything covered by the policy, up to the limits of the umbrella policy. Often, these policies have limits of $1 million or $2 million.
In some states, if you are in an accident, you can simply file a claim against your personal injury protection, and your insurance company will pay you no matter who was at fault. However, that’s not how it works in Georgia. If you are injured in Georgia, the insurance company of the at-fault party pays.
To be compensated, you can do any of the following:
Once the question of who is liable is established, there is still the question of how much you should be compensated. Compensation is a big question, and many people don’t think about it as much. The question of how much the insurance company will pay is just as important as whether the insurance company will pay.
The property damage should be easy to calculate, but damages as a result of your personal injuries can be more difficult to determine. If you were severely injured, you could have medical expenses for years or even for the rest of your life. You may also have missed work or had to use sick days or vacation days due to your injury. You may have reduced earning capacity or possibly may never work again. In addition, you deserve to be compensated for your pain and suffering if your injuries were extensive. If you take whatever the insurance company offers you, you may find yourself with ever-increasing medical bills in the coming years without any way to pay them. To protect your future and that of your family, consider consulting with a good personal injury lawyer. They can explain your options and the complexities of your case, and work to get you the compensation you deserve.
The personal injury lawyers at Butler Kahn specialize in car accidents, truck accidents, and sexual assault cases.
Georgia is an at-fault state, meaning the insurance company of the driver responsible for the accident pays for the other party’s damages, unlike no-fault states where your own insurance pays regardless of who caused the crash.
Once the at-fault driver’s policy limit is exhausted, you may need to look for additional coverage, such as an umbrella policy the at-fault driver carries, or your own underinsured motorist coverage, to cover the remaining losses.
Yes — if an employee causes an accident while acting within the course and scope of their job, the employer may be held liable under the doctrine of respondeat superior, which can bring a commercial insurance policy with higher limits into the case.
It depends on how much control the company exercised over the contractor’s work — if the company controlled the time, manner, and method of the person’s work, the company’s insurance may still be responsible, even though the driver was technically labeled a contractor.
No — Georgia only requires liability coverage, so physical damage insurance for your own vehicle is optional. If you don’t carry it and you’re at fault for an accident, you’d have to pay out of pocket to repair or replace your own car.
An umbrella policy provides extra liability coverage above the limits of a standard auto policy, paying out only after the underlying liability insurance has been exhausted. These policies often carry limits of $1 million or more and can make a significant difference in a serious injury case.
Yes, you or your attorney can negotiate directly with the at-fault driver’s insurance company, file a claim through your own insurer for them to pursue on your behalf, or file a personal injury lawsuit in court if negotiations don’t lead to a fair outcome.
Georgia requires drivers to carry at least $25,000 in bodily injury liability coverage per person, $50,000 per collision, and $25,000 in property damage liability coverage per occurrence — amounts that often fall short in a serious injury case.
Property damage is usually straightforward to value based on repair or replacement costs, but personal injury damages involve harder-to-quantify factors like future medical care, lost earning capacity, and pain and suffering, all of which require more evidence and expert input to calculate fairly.
No — once you accept a settlement in Georgia, the case is closed permanently, even if your injuries worsen or new complications arise later. That’s why it’s important to understand the full scope of your injuries before agreeing to any settlement amount.
Matt Kahn is an Atlanta personal injury lawyer and a partner at the law firm Butler Kahn. Matt has dedicated his career to fighting for individuals and families who had been harmed by the negligence of others. At Butler Kahn, he has had the honor of helping families who have lost children in motor vehicle accidents and people who were critically injured. He helped a family secure a $45 million settlement to provide lifetime care for their son, who was critically injured in a motorcycle accident, a $40 million settlement in a guardrail case, a $30 million settlement in a pedestrian case, a $3.5 million settlement in a sexual assault case. Matt is a graduate of Emory University School of Law and has been recognized as a Super Lawyers’ Rising Star and by Best Lawyers as One to Watch. He has received an Avvo 10.0 Top Attorney rating. Connect with me on LinkedIn
