Some states have no-fault insurance laws that come into play after car accidents. Georgia does not have a no-fault insurance system, and injured drivers must prove fault in their claims.
Georgia operates under a fault-based insurance system. In a no-fault system, injured drivers can file claims through their own insurance, and they may be covered regardless of who is at fault. Georgia’s fault-based system requires drivers to file third-party claims through the insurance of the other driver in the collision, and fault must be established before an insurance policy pays out. Under certain circumstances, drivers might be able to seek coverage from their own insurance policy, but this is often when the other driver Is uninsured and is not considered a no-fault policy. A significant complication arises when injured drivers in Georgia are the victims of hit and run accidents and cannot locate the other driver to file an insurance claim.
Injured drivers in Georgia must abide by the state’s fault-based insurance laws, and third-party claims are the norm. The insurance process is complicated, and our Georgia car accident lawyers can help you get the compensation you deserve. Call Howe Law at (844) 876-4357 for a free case review.
Does Georgia Have No-Fault Insurance Laws?
Georgia does not have any no-fault insurance laws. In no-fault states, injured drivers are covered by specific policies, often called personal injury protection policies, that cover their damages up to a certain amount, no matter who is at fault. There are only a handful of no-fault insurance states, and Georgia, like most other states, follows a fault-based insurance system. Our Atlanta car accident lawyers are familiar with the ins and outs of Georgia’s insurance laws, and we can help you file your claim for compensation.
Since Georgia is a fault-based insurance state, you must prove to the other driver’s insurance provider that their customer is responsible for your accident before they cover any of your damages. Even then, how much money the insurance company pays might need to be negotiated.
The process can feel somewhat combative, and injured drivers are sometimes left in tight financial situations while their claims are pending. Often, personal injury lawsuits are necessary when insurance providers are slow, uncooperative, or deny claims. Our Legal team can help you file such a lawsuit to get the compensation you are entitled to.
How Do Auto Insurance Claims in Georgia Work After a Car Accident?
To file your claim, you need the other driver’s insurance information. This is why stopping and exchanging information is important after a car accident. In fact, leaving the scene of a car accident before law enforcement arrives may be criminally charged as a hit and run. Even if the other driver is uncooperative and refuses to provide their insurance information to you, they must provide their information to the police. We can obtain this information from the subsequent police report.
The police report might be necessary when we go to file your insurance claim. Insurance companies want to see evidence that proves their customer is at fault before they pay any money. Often, police reports from the crash are required. Other evidence, like witness affidavits or security or dash cam footage, may also help your case.
Once your claim and evidence have been reviewed, the insurance company will come back with a settlement offer. If your claim is strong and backed by sufficient evidence, the insurance company might agree to cover all your claimed damages. If evidence is hard to come by, the insurance company might offer an insufficient amount or deny your claim.
If the insurance company offers an inadequate settlement or denies your claim, our Biloxi car accident lawyers can help you file a personal injury lawsuit against the other driver. Although lawsuits can take a bit longer to complete, they often yield much greater damages awards and help drivers get compensation when insurance companies are uncooperative.
Using Your Own Insurance After a Car Accident in Georgia
Although Georgia is a no-fault state, it might be possible to file an insurance claim with your own insurance company rather than the other driver’s. Uninsured or underinsured motorist coverage is available in Georgia, although it is not required by law. If you choose to buy this insurance policy, it might cover you if the other driver in an accident has no insurance or cannot be found.
Although uninsured or underinsured motorist policies are parts of your own insurance coverage, they are not considered no-fault policies. These policies do not cover you unless specific conditions are met. You must show that the other driver in your case either has no insurance to cover your damages or they cannot be found, such as in a hit and run scenario. Otherwise, third-party claims are required.
If the other driver is uninsured and you do not have uninsured motorist coverage, a lawsuit might be necessary to get compensation for your damages. Our Savannah car accident attorneys can help you take action to get your expenses from the accident paid for.
Complications in Georgia’s Fault-Based Insurance System
Certain situations make Georgia’s fault-based insurance system complicated and difficult to deal with. As mentioned earlier, it can be hard to file third-party insurance claims and prove fault when the other driver refuses to provide their insurance information or flees the accident scene without identifying themselves. If an injured driver is not covered by uninsured motorist coverage, they might be out of luck until the other driver can be located.
While this scenario might sound unlikely, it happens far more often than people realize. Many injured drivers must wait for the results of a criminal investigation to track down the other driver. While they wait, they might have no way to cover their medical bills, vehicle repair costs, and other expenses from the accident. Furthermore, once the other driver is found, they will likely face criminal prosecution, and your civil claims will be put on hold.
In these cases, our Warner Robins car accident attorneys can help you explore legal options to cover your expenses while the police investigate the accident. We can also help you file a personal injury lawsuit once the other driver is located and identified.
Call Our Georgia Car Accident Lawyers for Help
The insurance system is complex and frustrating, and having an experienced lawyer by your side can be very helpful. Our Alpharetta car accident attorneys can help you get compensation from an insurance claim or a lawsuit. For a free case review, call Howe Law at (844) 876-4357.