Being involved in a car accident, even a minor one, can leave you feeling confused and more than a little rattled. Protecting your legal rights probably isn’t the first thing that pops into mind. You’re probably focusing on injuries and vehicle damage.
With an estimated 3.4 million registered vehicles in Georgia, your chances of being involved in a vehicle collision are greater than you probably think. This means it’s a good idea to know what to do immediately after a car collision. The steps you take can make a difference in whether or not you can recover compensation.
Understanding Georgia’s Insurance Laws
The Peach State follows at-fault insurance guidelines so there’s a good chance you’re leaving your coverage provider out of the process. You turn to the at-fault driver’s policy to recover damages stemming from the accident. This should be pretty easy, but hiccups tend to pop up. You can’t file an insurance claim without providing a ton of evidence. Everything starts with whether or not you can prove the other motorist’s negligence caused your vehicle collision.
If the other driver isn’t meeting the Peach State’s minimum auto insurance requirements, you’ve run into a pretty large hiccup in the claim process. Underinsured drivers typically leave you with unpaid damages. If the driver isn’t carrying insurance, this is when you turn to your provider. Now, recovering compensation typically depends on your type of insurance coverage.
If you have full coverage, your carrier should cover your damages up to the policy’s cap. You can also file a lawsuit directly against the at-fault driver, but there’s no guarantee you’ll be able to recover any compensation.
Navigating Modified Comparative Negligence
Georgia is also a modified comparative negligence state. In a nutshell, this means more than one driver can be responsible for causing the same accident. Each driver is assigned a percentage of fault. As long as you’re not more than 50% responsible for causing the accident, you can still file a claim against the other at-fault driver.
However, your compensation amount is going to be reduced by your percentage of blame. So, if you’re 25% responsible and your claim’s value is $100,000, your settlement check will be for $75,000.
Protecting Your Legal Rights After a Car Accident
Okay, so you know your PIP coverage is responsible for paying out some of your damages, up to 80%. This usually means you have losses that aren’t covered by your policy. This is usually when you can file a claim against the other driver’s insurance for your remaining damages.
However, since modified comparative negligence can come into play, you want to take some steps to protect your legal rights. Here’s a look at what you should do after a car accident in Georgia.
Assess Your Injuries and Property Damage
Before you hop out of your vehicle, assess your injuries. Do the same for any passengers in your vehicle. The last thing you want to do is delay medical care if you suffer serious injuries. If everyone is relatively unharmed, carefully exit your vehicle.
If your vehicle is blocking traffic, and it’s still drivable, try to move to a safer location like the side of the road or a parking lot. Take a walk around your vehicle and make note of any damage. Grab your cell phone and snap a few pictures of any dents, dings, and other damage caused by the accident.
Call the Authorities
According to Georgia law, all accidents resulting in injuries, fatalities, or property damage exceeding $500 must be immediately reported. This means staying at the accident scene until the authorities arrive.
Since even a minor repair can easily run over $500, it’s usually best to report any traffic accident as soon as it occurs. This way you don’t have to worry about getting hit with a potential leaving the scene of an accident charge.
You’re also going to need a copy of the accident report to file an insurance claim. Your report is usually ready for pickup within about ten business days.
Document the Accident Scene
The authorities are going to document the accident scene, along with the insurance adjusters. So, if your injuries require immediate medical care, don’t worry about gathering any evidence. However, if possible it’s not a bad idea to play a little at being a detective.
After you’ve snapped a few pictures of your vehicle damage, take some of your visible injuries. Go ahead and snap some pictures of your passenger’s injuries, if applicable. Remember, your PIP insurance is who’s responsible for covering their medical costs.
Look around for any surveillance cameras that may have captured the accident. This applies to red light cameras. If possible, try to get some pictures of where your vehicle ended up after the accident. The vehicle’s position can help establish liability, especially if modified comparative negligence applies. You don’t want to be assigned more than your fair share of the blame.
Calculate Your Damages
This is when it can get a little confusing. Remember, essentially you’re filing two claims for the same accident. You start with your PIP provider and what’s not covered by your policy can usually be included in your personal injury claim. This is the claim you’re filing against the other driver for your remaining damages. So, what types of damages are typically included in a personal injury claim?
Most claims include remaining medical costs. If you have lost income, including future earnings, this can also be listed as damage. Don’t forget about property repairs or replacement costs. If you’re only carrying liability insurance these damages aren’t covered by your provider.
You may also have non-economic damages like pain and suffering. PIP doesn’t cover non-economic losses so you’ll need to rely on your personal injury claim to recover these types of damages.
Ensuring Your Legal Rights are Protected After a Georgia Car Accident
Georgia’s insurance guidelines can be complicated and this is before you start trying to calculate your damages. To help ensure you can receive fair compensation, it’s usually best to work with an experienced Georgia accident lawyer.
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