If you or a loved one has become disabled after a car accident, it is important to understand the rules around seeking financial damages in Georgia.
Like many states, Georgia follows the modified comparative negligence standard when determining fault in auto accidents. This means that when the other driver bears at least 50% of the fault for the accident, as the injured party you can seek damages reduced by your own fault percentage, if any.
Georgia allows individuals with serious auto accident injuries to collect financial compensation for:
- Medical bills
- Repair or replacement of the damaged vehicle
- Lost wages associated with accident disability
- Pain and suffering
- Rental vehicle costs
- Loss of affection, companionship or services
The state does not have a cap on most types of auto accident damages. However, punitive damages have a threshold of $250,000. The court may grant this type of award when the responsible party displayed especially negligent or reckless conduct, such as in the case of a drunk driver.
Filing a claim
The statute of limitations for auto accident damages in Georgia is two years for personal injury and four years for property damage. For this reason, you must act quickly to file a claim with the responsible driver’s insurance company.
If their policy does not cover the full extent of your damages caused by the accident, you may want to file a lawsuit against the individual and/or his insurer. Drivers in Georgia must have at least $25,000 per person per accident in liability insurance.
Steps to take
At the scene of the accident, gather insurance and contact information for all other drivers if you are able to do so. Seeking medical care should be your first priority.
Georgia state law requires drivers to call the police for any accident involving serious injury, death and/or more than $500 in property damage. At the scene, the officer will take information and create an accident report that will establish fault and other important aspects of your case.