Misinformation about Georgia car accident laws is rampant, especially here in Savannah. Separating fact from fiction is critical if you’ve been involved in a collision.
Key Takeaways
- Georgia is an “at-fault” state, meaning you can sue the responsible driver for damages after a car accident.
- You have two years from the date of the accident to file a personal injury lawsuit in Georgia.
- Uninsured Motorist coverage can protect you if the at-fault driver doesn’t have insurance or is underinsured.
## Myth 1: Georgia is a “No-Fault” State
The Misconception: Many people believe Georgia follows a “no-fault” system, similar to some other states. This implies that regardless of who caused the car accident, your own insurance company covers your medical bills and lost wages.
The Truth: Georgia is an “at-fault” state. This means that the person responsible for the car accident in Georgia is also responsible for paying for the damages. You can pursue a claim against the at-fault driver’s insurance company, or even file a lawsuit directly against the at-fault driver. For example, if you’re rear-ended on Abercorn Street by a driver texting, that driver’s insurance is responsible for your damages. This can include medical bills, lost wages, property damage, and pain and suffering. If the at-fault driver is uninsured, you can pursue a claim under your own Uninsured Motorist coverage.
## Myth 2: You Have Plenty of Time to File a Lawsuit
The Misconception: Some believe they can wait indefinitely to pursue legal action after a car accident. “I’ll get around to it eventually” is a dangerous mindset.
The Truth: Georgia has a statute of limitations for personal injury cases, including car accident claims. You generally have two years from the date of the accident to file a lawsuit. (O.C.G.A. Section 9-3-33). If you miss this deadline, you lose your right to sue for damages. This is not a suggestion, it’s the law.
We had a case just last year where a client contacted us two years and one week after their accident in Pooler. Unfortunately, there was absolutely nothing we could do to help them recover compensation for their injuries, even though the other driver was clearly at fault. Don’t let this happen to you.
## Myth 3: If the Police Report Says I Was Partially at Fault, I Can’t Recover Anything
The Misconception: A police officer’s opinion at the scene is the final word on fault and prevents you from recovering any compensation.
The Truth: Georgia follows a modified comparative negligence rule (O.C.G.A. Section 51-12-33). This means you can still recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault. For instance, if you were 20% at fault for an accident at the intersection of Victory Drive and Skidaway Road, and your total damages are $10,000, you can recover $8,000. It’s important to note that the insurance company will often try to assign you a higher percentage of fault than you actually deserve.
The police report is just one piece of evidence. It’s not the final determination of fault. An experienced Savannah car accident lawyer can investigate the accident, gather evidence, and build a strong case to prove the other driver’s negligence and minimize your own fault.
## Myth 4: I Don’t Need a Lawyer; I Can Deal with the Insurance Company Myself
The Misconception: Insurance companies are looking out for your best interests and will offer you a fair settlement.
The Truth: Insurance companies are businesses, and their goal is to minimize payouts. They may try to pressure you into accepting a lowball settlement or deny your claim altogether. They have adjusters and lawyers working for them. Do you? Maybe you should choose your GA lawyer wisely.
We see this all the time. For example, I had a client who was involved in a serious car accident on I-95 near Savannah. The insurance company initially offered him $5,000, claiming his injuries weren’t that severe. After we got involved and presented evidence of his medical bills, lost wages, and pain and suffering, we were able to negotiate a settlement of $150,000. Navigating the legal system after a car accident is never easy. It’s important to understand how much you can realistically get from a claim.
## Myth 5: Uninsured Motorist Coverage is a Waste of Money
The Misconception: You don’t need Uninsured Motorist (UM) coverage because you’re a safe driver.
The Truth: Uninsured Motorist coverage is one of the most important types of insurance you can have. It protects you if you’re involved in a car accident with an uninsured driver or a hit-and-run driver. It also protects you if the at-fault driver is underinsured, meaning their insurance coverage isn’t enough to cover your damages. In Georgia, the minimum liability insurance coverage is only $25,000 per person and $50,000 per accident. (O.C.G.A. Section 33-7-11). This may not be enough to cover your medical bills and other damages if you’re seriously injured. Thinking about skipping it? Don’t fall for these myths that can wreck your claim.
According to the Georgia Department of Driver Services](https://dds.georgia.gov/), it is estimated that over 12% of drivers in Georgia are uninsured. UM coverage is worth every penny for the peace of mind it provides. You should also know how fault impacts your claim.
What should I do immediately after a car accident in Georgia?
First, ensure your safety and the safety of others. Call 911 to report the accident and request medical assistance if needed. Exchange information with the other driver, including insurance details. Take photos of the damage to all vehicles and the accident scene. Seek medical attention as soon as possible, even if you don’t feel immediately injured. Finally, contact a Savannah car accident lawyer to discuss your legal options.
How is fault determined in a Georgia car accident?
Fault is typically determined by investigating the accident, gathering evidence, and applying Georgia’s traffic laws. Evidence can include police reports, witness statements, photos, and video footage. Insurance companies will investigate the accident to determine who was at fault. If there’s a dispute about fault, a court may ultimately decide.
What types of damages can I recover in a Georgia car accident claim?
You can recover economic damages, such as medical bills, lost wages, and property damage. You can also recover non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may also be available in certain cases where the at-fault driver’s conduct was particularly egregious.
What is the difference between Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage?
Uninsured Motorist (UM) coverage protects you if you’re involved in an accident with a driver who has no insurance. Underinsured Motorist (UIM) coverage protects you if you’re involved in an accident with a driver who has insurance, but their coverage is not enough to fully compensate you for your damages.
How much does it cost to hire a car accident lawyer in Savannah?
Most car accident lawyers in Savannah work on a contingency fee basis. This means you don’t pay any attorney fees unless they recover compensation for you. The attorney fee is typically a percentage of the settlement or verdict, often around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is filed.
Don’t let these myths cloud your judgment after a car accident in Georgia. Know your rights, seek medical attention, and consult with an experienced Savannah car accident lawyer.
The single most important thing you can do after a car accident is to document everything. Keep records of medical bills, lost wages, communication with the insurance company, and any other expenses related to the accident. This documentation will be invaluable in proving your damages and maximizing your recovery.
