Georgia drivers who are involved in a car accident should be aware that they will be dealing with their insurance company, and the other driver’s insurer, early on. They will first of all be reporting the accident to their own insurance company and then determining what a fair amount in compensatory damages would be.
Understanding the negligence laws
Like most states, Georgia is an at-fault state and so allows crash victims to pursue a claim against another driver’s insurance company. No-fault states, on the other hand, would only allow this if crash victims qualify for a “serious injury” threshold, beyond which their losses cannot be covered by the personal injury protection benefits their own insurance company gives.
This state follows a modified comparative negligence rule where plaintiffs who file a personal injury claim can be eligible for damages only if they are deemed less than 50% at fault. Whatever amount they recover will be proportionally lowered according to that degree of fault.
Ensuring a fair settlement
Insurance companies are for-profit, so it can be hard to achieve a reasonable settlement with them. Oftentimes, they will contact accident victims early on and encourage them to agree to a settlement that’s for much less than what they deserve. Victims may also deal with their own insurance company because the other driver is underinsured or uninsured.
How legal representation may help
To avoid being taken advantage of, victims of motor vehicle accidents may want a lawyer by their side. You may have the lawyer evaluate your case. Then, the lawyer may enlist the help of third parties like accident investigators and medical experts so that there’s good evidence of the defendant’s guilt and a clear outlining of all the injuries you suffered and the monetary losses they led to. The lawyer may negotiate on your behalf as well.
