Georgia is not a no-fault state for auto insurance. Somebody has to be found at-fault for an accident before any claims are paid. However, fault is not an either-or issue in this state. Georgia is one of 12 states that has a Modified Comparative Fault rule. That means the jury in a personal injury trial can divide fault among the drivers involved in an accident in Georgia.
In some states with Modified Comparative Fault, you can have 99% responsibility for an accident and still place a claim against the 1% at-fault party. However, in Georgia you must be less than 50% at fault to receive any compensation from the other party. If your percentage of fault is less than 50 but more than 0, your claims are reduced by that percentage. For example, if a jury declares you to be 10% at fault because you were driving above the speed limit when the other car hit you, your claim will be reduced by 10%.
By law, motorists in Georgia must carry minimum liability insurance of $25,000 for bodily injury per person, up to $50,000 per accident, and $25,000 for property damage per accident. If an at-fault driver’s liability insurance doesn’t fully compensate the victims, the at-fault driver can be held responsible for paying the remainder out of pocket. This makes carrying extra liability insurance in Georgia well worth considering, to protect your assets and financial security.
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