Navigating Car Accident Claims in Marietta: Understanding Georgia’s Fault Laws

Georgia’s at-fault insurance system is intricate, and non-experts often find it challenging to navigate. For car accident victims in Marietta, it is useful to know how fault is determined and its impact on compensation. 

If you or a loved one has been involved in an accident, talking with an experienced Marietta personal injury lawyer may be a useful step in understanding legal options and car accident claims.

What is Georgia’s Fault System?

A traditional system called “fault-based” is in place in Georgia. Practically, this means that the person at fault for the incident is also responsible for injuries, vehicle damages, and other effects.

While this may seem daunting, typically, it means that the at-fault driver’s insurance company covers the losses resulting from an accident. 

What is the Impact on Compensation in Marietta?

In car insurance claims and lawsuits filed in Georgia, you are entitled to compensation for losses. 

The legal term for losses is “damages.” This includes items such as medical treatment for injuries from the car accident, pain and suffering caused by the accident, and resulting injuries. Additionally, damages can include lost income and other economic losses that result from the accident.

What is Comparative Fault in Georgia?

“Comparative fault” refers to situations where more than one party is partially at fault for the accident. 

The way this plays out in Georgia is that damages are reduced by a percentage that corresponds with your share of the liability. The legal term for this is “modified comparative negligence.”

While it may be challenging to determine a precise amount, the decision is ultimately up to the insurance claim adjuster, judge, or jury. 

Under Georgia’s modified comparative negligence laws, you will not be able to recover anything if your share for the accident is equal to or greater than 50 percent as defined in Georgia Code Title 51, Torts § 51-12-33.

What is Important to Know About Reporting a Marietta Accident?

In Georgia Code section 40-6-273, drivers must report vehicle accidents resulting in injury or death of any person or property damage of $500 or more.

The driver must report the accident immediately to the local police. If the accident occurred outside of an incorporated area, the report must be made to the nearest sheriff’s office or state police station. 

What is the Statute of Limitations in Georgia?

In Georgia, the deadline for filing personal injury cases is two years. This is also the deadline if a car accident causes someone’s death. The family has two years to file a wrongful death lawsuit against the driver who is at fault for the crash. In this case, the timeline starts on the date of the victim’s death, which may be different than the date of the accident. 

Is it Time to Talk to a Marietta Lawyer?

Understanding the laws is part of smart and responsible driving. However, if you’ve been in a car accident, you may have specific questions regarding the situation. It might be useful to speak with an experienced personal injury lawyer to answer your questions. 

Speaking with a trained legal professional may be a wise step in understanding legal options, gathering evidence, and making informed decisions.


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