Atlanta downtown skyline
Newsweek Leaders in Showcase Personal Injury
Super Lawyers
The National Trial Lawyers

Georgia Fault Laws Applying to Car Accident Cases

Georgia is a “fault” state when it comes to auto insurance claims, which means when you get hurt in a car accident due to someone else's negligence, you have three options for seeking compensation for injuries and damages. You can file a claim with your own insurance company, file a claim directly with the other driver’s insurance company, or file a lawsuit in court.

The Georgia “Fault” Car Insurance System

When it comes to issues like liability and insurance coverage after a car accident, Georgia follows a fault-based system. This means that an at-fault driver can be held be liable for any personal injuries and/or property damage resulting from the collision, and his or her insurance policy will be looked to first to cover these liabilities. Accordingly, a person injured in a car accident can seek compensation for damages in one of three ways:

  1. You can file a claim with your own insurance company, and it will seek compensation from the at-fault driver’s insurance company.
  2. You can pursue a claim with the other driver’s insurance company directly.
  3. You can file a personal injury lawsuit against the at-fault party in civil court.

Which option is the best for you can be explained by an experienced car accident lawyer.

Georgia Comparative Fault Laws

Sometimes, when you file a lawsuit or insurance claim after sustaining an injury in a car accident, the other party or insurance company may respond by claiming that you were actually at fault (in whole or in part) for the accident. In this situation, Georgia’s modified comparative fault rule comes into play. This law can reduce or eliminate your damages if you are found to be partly or mostly at fault for causing the accident.  In other words, while you may still be able to file a claim against the party that was more at-fault than you for causing the accident, your financial compensation will be reduced by the percentage share of your portion of liability. 

Here is an example of how comparative fault works in Georgia:

  • Jane was going through an intersection when she was hit by a driver who ran a stop sign.
  • Jane was traveling 10 miles per hour above the speed limit at the time.
  • It is eventually determined that the other driver was 90% at fault for the accident, and Jane was 10% at fault.
  • Jane’s damages equal $20,000.
  • She will receive $18,000 ($20,000 minus $2,000, or the 10% of fault assigned to her).

Georgia courts are required to apply the modified comparative fault rule in motor vehicle collisions in which both parties are found to be at fault. The issue can also come up in insurance negotiations when an insurance company is attempting to decrease a settlement offer.

Call Us for Help After a Car Accident

If you have been hurt in a car accident, you want to make sure you have the best chance possible of receiving maximum compensation for your injuries. The attorneys at Katz Wright Fleming Dodson & Mildenhall LLC help individuals and families get treated fairly by insurance companies and the legal system. Contact our team today at (404) 460-0101 for your free consultation.

Client Reviews
I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
Contact Us

1 Free Consultation

2 No Obligation

3 150 Years Combined Experience

Complete the contact form or call us at (888) 426-2100 to schedule your free consultation.