in georgia what is a car accident lawyer entitled to

A car accident lawyer will advocate for you and hold the insurers accountable for what your claim is really worth. Proving fault of the other party. Another way insurers may try to reduce what they pay you is by trying to spin the situation or partially blame you for the accident.

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What are the Georgia auto insurance rules for a car accident?

So, understanding the Georgia auto insurance rules is essential to any potential car accident case. According to Georgia Code section 40-6-273, drivers in the state must report any vehicle accident that: results in property damage to an apparent extent of $500 or more.

What happens after a traffic accident in Georgia?

After any kind of traffic accident in Georgia, if you've been injured and/or incurred significant vehicle damage, you may want to explore your options for holding the at-fault driver financially responsible for your losses. In this article, we'll discuss a few state laws that could have a big impact on any claim you might make, including:

How long do I have to file a Georgia car accident claim?

the four-year time limit on the filing of most lawsuits for vehicle damage caused by an accident, and Georgia's " modified comparative fault " rule, which allows for financial recovery only when the claimant was less responsible than the other party (or parties) for causing the car accident.

What is modified comparative negligence in Georgia?

In legalese, this means Georgia is a "modified comparative negligence" state. Of course, this rule controls judge or jury awards in civil lawsuits (if you get to that stage).

What is the average settlement for a car accident in Georgia?

$18,417According to the Insurance Information Institute, the average personal injury car accident claim in 2019 settled for $18,417. The average property damage car accident settlement came in at $4,525 that same year.

Can you get compensation if the accident was your fault Georgia?

If you are found to be negligent in any way, it might not be possible to collect any money from a claim. However, Georgia law says that as long as you were less than 50 percent at fault for the accident, you can still recover at least some of the total damages.

What does a car accident lawyer do?

A car accident lawyer helps victims build personal injury claims and seek compensation for the damages other drivers cause. Car accidents can result in significant injuries that can take years to heal, and in many cases, the victims never fully recover.

What happens after a car accident not your fault in Georgia?

In a no-fault state, your auto insurance pays the costs of your car crash up to the limits of your policy no matter which driver was to blame. Only in limited circumstances can you then seek compensation from the other driver's insurance company.

How long does an insurance company have to settle a claim in Georgia?

Insurance companies in Georgia have 40 days to settle a claim after it is filed. Georgia insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

What can I claim after a car accident?

After a personal injury, you can claim for pain and suffering, loss of earnings and future loss of earnings. It is also possible to claim for expenses such as damaged clothing, travel costs, helps from family or additional equipment you have had to buy due to your accident injuries.

How do lawyers negotiate settlements?

The negotiation process typically starts with your lawyer providing a written proposal for settlement to the insurance adjuster or the defendant's lawyer. The adjuster or lawyer will respond to your lawyer either in writing or over the phone.

Should I go to hospital after a car accident?

After a car accident you could be injured or traumatised and medical treatment is very often necessary. However, you do NOT need to go to a hospital or seek medical treatment. Not seeking medical treatment does not mean you are not able make a claim for compensation after a car accident.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

Is Pip mandatory in GA?

Like most other states in the U.S., Georgia is an at-fault state, which means when fault is determined in a car accident, the party responsible and their insurance company will be liable to pay for those damages. PIP insurance is available in Georgia as an optional form of coverage, but is not mandated by the state.

What to do if someone sues you for a car accident in Georgia?

If someone has taken legal action against you after a car accident in Atlanta, GA, you typically must answer their complaint within 30 days of service. If you do not respond to the suit, the court may rule against you without giving your side of the story.

Can I lose my house due to at fault car accident Georgia?

Can I Lose My House From A Case Judgement if I Can't Pay? If a case judgment exceeds the amount covered by your insurance in the state of Georgia, the courts can issue a judgement lien in a civil case to a creditor in order to ensure that the responsible party in the case pays off the debt to the plaintiff.

What to do if you are in an accident with a government vehicle in Georgia?

If you were involved in an accident with a government vehicle in Georgia, we strongly recommend that you contact a personal injury attorney.

What are the two criteria for personal injury in Georgia?

It’s important to remember that you only need to satisfy two criteria to have a personal injury cause of action in Georgia: 1. You sustained injuries; a loved one was killed in a car accident; or your car sustained significant damage. 2. The other party was at least 51% at fault for the accident. Though these are easy criteria to meet, accidents ...

What does an injury lawyer do?

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more

What are the common injuries that are included in accident compensation?

Other common injuries include: Head/brain injuries. Spinal cord injuries/paralysis. Broken bones. Disfigurement and scarring. Medical bills are typically part of accident compensation as well as any time you may have needed to take off from work due to doctor appointments or simply not feeling well.

How many car crashes in Georgia in 2015?

Georgia had over 385,000 reported car crashed in 2015 alone! Tweet this. Because Georgia is a modified comparative fault state, you may still recover damages if you committed any of the above driving offenses, with the exception of dangerous practices such as drinking and driving.

How many people died in Georgia in 2017?

Georgia ranks 4th in the country for traffic fatalities. The Department of Transportation reported 1,549 deaths in 2017 alone. Many of these fatalities occur on high risk stretches of highway throughout the state, such as the I-20 and I-75 corridors. Georgia had over 385,000 reported car crashed in 2015 alone!

How much fault was the other party at fault for the accident?

The other party was at least 51% at fault for the accident. Though these are easy criteria to meet, accidents are confusing and overwhelming. Experienced personal injury attorneys will review your case and help you make sense of your situation. Don’t be discouraged if you are told you don’t have a claim.

What are the laws of Georgia for car accidents?

Car accident laws in the state of Georgia exist to provide an understanding of the various aspects of these incidents to include how to proceed through the collision, when and how to contact insurance companies and when and what to report about the accident. The person that suffers injury often has the ability to either acquire a settlement for compensation by damages that accrue from the collision or must go through litigation to force a person or company to pay for these damages. The laws in this state also explain who is at fault based on liability and comparative fault through a detailed number which the court can use to calculate compensation amounts within the range awarded.

How to report a car accident in Georgia?

In most situations, the person in a car accident will contact the police and also exchange information with the other driver at some point. Then, the individual will follow Georgia law and report the accident with certain information. This requires proof of insurance, following through with a police report and following all necessary steps. The steps usually start with police contact and remaining at the scene. Both drivers should stay but often must move the vehicles out of traffic if they are still there. If that is not possible, contacting a tow truck or emergency services is the next step.

What is the minimum insurance coverage required in Georgia?

Georgia Insurance Requirements. Per Georgia law, all drivers have standard minimum requirements for auto insurance coverage within the individual policy. To legally drive in the state, the adult driver must carry bodily injury liability of $25,000 per each person and $50,000 for each accident. Property damage liability of $25,000 is necessary ...

What happens if the other party does not appear at fault?

If the other party does not appear at fault, using one of these four concepts, the plaintiff can raise the level of fault in the claim to the point that he or she can sue the other party. Unless the other driver intentionally caused the collision, he or she is usually negligent in some manner.

What to do after a car collision in Georgia?

After suffering the collision in Georgia, the victim should follow certain steps to report the accident and ensure everyone is alright. When the car stops moving from the impact, the driver or anyone that is conscious should check for injuries and contact emergency medical help if there is any possibility of bodily harm.

What to do when a driver is injured in Georgia?

When a driver or passenger suffers injury cause of the other driver or special circumstances, it is vital to contact a Georgia lawyer to initiate the lawsuit in a timely manner. A legal professional can help prove liability, explain and use comparative fault and assist with the investigation. He or she can also communicate with the insurance company and the settlement offer.

How long does it take to file a personal injury claim in Georgia?

The set time limit for the victim to start a lawsuit for personal injury claims in the state of Georgia is within two years. The deadline available depends on the type of case and the diagnosis of the damage. For a person that suffers an injury that is known and recognizable to a doctor, he or she will have up to the two years from the point of injury to file a claim in this state after a car accident. While a claim is not necessarily the path this person will take, he or she could contact and notify the insurance company of the harm that requires settlement. Generally, this is far less and should occur within a matter of only a few days or weeks at the most if recovery time takes longer.

What to Do at the Accident Scene

When experiencing a car accident in Georgia, staying at the accident scene until the police and emergency medical help arrives can be your best first step. Driving away from a crash could result in a criminal charge. Other important steps include:

Your Best Steps in the Days After the Accident

A car accident scene can be chaotic. You may not be able to take all the essential steps for protecting your legal rights, especially if you suffered injuries. However, you can take action in the days after the accident.

You Could Be Entitled to Compensation

Figures from the National Highway Traffic Safety Administration (NHTSA) show that most accidents occur due to driver-related reasons, such as speeding, driving intoxicated, or driving distracted. A significant car accident can result in catastrophic injuries and lifelong medical expenses.

Wrongful Death Car Accident in Georgia

If your loved one died in a car accident that was no fault of their own, you could file a wrongful death lawsuit. While no compensation can help with the pain and grief of losing a loved one, you could qualify for damages helping to avert financial hardship. Compensation in wrongful death car accident lawsuits can include:

Handling the Car Insurance Company

Knowing how to deal with a car insurance claim can be essential when handling a car accident in Georgia. If you have significant damages and injuries, a car accident attorney can handle communication and settlement negotiations with the responsible driver’s insurance company.

How long does it take to file a car accident lawsuit in Georgia?

That usually means a matter of days, or a few weeks at most.) Georgia is like most states in that the statute of limitations that applies to a car accident lawsuit will usually be the same as the one that applies to most personal injury cases. Georgia Code section 9-3-33 says "Actions for injuries to the person shall be brought within two years ...

What is the Georgia auto insurance requirement?

Georgia, like most states, requires vehicle owners to maintain certain minimum amounts of liability coverage. So, understanding the Georgia auto insurance rules is essential to any potential car accident case.

What percentage of fault is considered comparative negligence in Georgia?

One last note: You will not be able to recover anything at all under Georgia's modified comparative negligence rule if your share of fault for the accident meets or exceeds 50 percent.

What is the statute of limitations in Georgia?

The Georgia Car Accident Statute of Limitations. A "statute of limitations" is a state law that sets a time limit on a potential plaintiff's right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered and/or the kind of case you want to file. (Note: the statute of limitations does not apply to a car insurance claim.

How long does it take to file a wrongful death lawsuit?

If the car accident caused someone's death, and the family wants to bring a wrongful death lawsuit against the driver who caused the crash, the deadline for filing that kind of lawsuit is also two years. But keep in mind that the clock starts running on the date of the victim's death, which might be different from the date of the accident itself.

How much fault is the other driver found to be at fault for the accident?

Without enough time to stop, you collide with the other car. The other driver is found to be 80 percent at fault, but since you were speeding, the jury (or adjuster) figures that you were 20 percent at fault for the accident.

How long does it take to file an injury claim after a car accident?

That's just a fancy (or confusing) way of saying that after a car accident, an injury claim must be filed by anyone who was hurt in the crash -- whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian -- within two years. The clock starts running on the date of the accident. If the car accident caused someone's death, and ...

Injured in a Serious Accident?

BBGA provides free consultations. Our team is ready to go to work for you today.

Reasons Why You Need an Attorney

If you or your loved one has been injured as a result of another driver’s negligence, you want to be sure and protect your rights, otherwise, you may be paying the price both personally and financially for someone else’s reckless behavior. Here are the top reasons why you need to hire a car accident injury attorney to protect those rights:

What an Attorney Can Do for You

Many people aren’t comfortable talking to a personal injury attorney after being in an accident. They fear that the attorney will cost too much, or they don’t want to sue someone. The good news is that most cases never make it to the courtroom and are settled outside of court.

Contact an Attorney at Our Office for Help

The attorneys at Blasingame, Burch, Garrard & Ashley, P.C. have more than 30 years’ experience helping clients who have been injured in accidents due to the negligence of other drivers. We have won millions of dollars for our clients and will make sure you receive the maximum compensation available to you under the law.

Who Should Pay My Medical Bills From a Car Accident?

The other driver’s insurance will not pay your medical bills as they come in. They will only pay your medical bills when the case settles, which could be months or even years.

How Do Attorneys Charge Fees?

Personal injury attorneys charge a contingency fee, which is a percentage of the financial recovery in the case. The attorney also advances any expenses necessary to prosecute the case.

Do I Need an Attorney For My Car Accident Case?

Not every car wreck in Georgia needs an attorney. If you’re only slightly injured or have a small amount of medical bills, you may not need to get an attorney involved.

How long do you have to file a lawsuit?

The legal deadline to file a lawsuit is called the statute of limitations. You have two years from the date of the accident to file suit for injuries and four years to file suit for damage to your car or property.

Should I Give a Statement to the Insurance Company?

It’s OK to give a statement to your insurance company. In fact, your insurance policy requires you to cooperate by giving them a statement and other evidence or documents they may need.

Insurance Coverage Overview

Atlanta Personal Injury Lawyer

Property Damage Claim

• The first thing you are entitled to in a car accident in Georgia is reimbursement for the damage caused to your vehicle. This means either full repair of the vehicle to the condition it was in before the wreck or if totaled, payment to you of the value of the vehicle. If repaired, you would have an additional right to payment of the difference in t...

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