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How fault affects car accident claims in Georgia

Car crashes can result in complex scenarios, and determining the responsible party is crucial. Knowing who is at fault is essential in Georgia because it impacts how insurance claims get resolved. Modified comparative negligence, or modified comparative fault, is the state’s specific legal concept that establishes how much blame each driver carries in an accident. 

The basics of modified comparative negligence

Under the modified comparative negligence rule, each driver will get assigned a percentage of fault for the accident. The insurance company bases this number on your contribution percentage to the wreck. 

In Georgia under Georgia Code § 51-12-33, you can only recover damages if you are less than 50% at fault. If you are 50% or more responsible for the accident, you’re ineligible to ask for compensation from the other parties.

Impact on insurance claims

This determination of fault in a car accident has a significant effect on insurance claims. When an accident happens, the insurance companies review the details and assign fault percentages to each party. The percentage also affects how much both parties can claim for damages. 

For example, if you’re 30% at fault for an accident and the damages are $10,000, they’ll deduct 30%. As a result, you can only claim $7,000 out of the original $10,000 amount. 

Reflecting on fault in accidents

Understanding fault in car accidents is essential for drivers in Georgia. The knowledge helps manage the consequences of an accident and interact effectively with insurance companies. By understanding how Georgia’s laws determine fault and its implications, drivers can better prepare for any unforeseen events on the road.