If you’re at fault in a car accident, you may have to cover all the losses sustained by other people in the crash. The specific outcome will depend on where you live, your car insurance coverage, and your degree of fault in the accident.
However, you may not hold all the blame for a collision. If someone else contributed to the accident, you may still have a chance to get some compensation for your losses.
An Atlanta car accident lawyer can review your case, advise you on how best to proceed, and explain what to include in your claim. You may still be entitled to damages even if you were partially to blame.
What Happens if You are at Fault for a Car Crash?
What happens if you’re at fault for a car collision will depend on where you live. States generally use either an at-fault system or a no-fault insurance system:
- In at-fault states, the person at fault for an accident is liable for the damages of anyone injured in the accident.
- In no-fault states, each person’s car insurance typically covers their damages.
Most states use an at-fault system, including Georgia. If you were at fault in a car accident and you live in an at-fault state, you are responsible for the other driver’s damages, though that money usually comes from your car insurance. Under Georgia law, the other driver(s) will be entitled to file a personal injury claim with your insurance company.
What are the Damages if You Cause a Car Accident?
In personal injury cases, damages are any losses resulting from an accident where someone is negligent. These damages can include:
- Medical bills related to traumatic brain injuries, spinal cord injuries, herniated discs, and other treatment costs
- Prescription medications
- Vehicle damage
- Lost wages
- Pain and suffering damages
In most cases, you will not have to pay for these damages out of your pocket, unless they exceed your auto insurance policy limits. If the injured driver takes you to court for more money than your policy will pay, you may be responsible for the additional costs.
This could lead to a personal injury lawsuit, where the injured motorists may choose to sue following a car accident that has resulted in serious injuries or death. It’s best to consult a car accident lawyer for assistance in this situation. In most cases, your insurance company will agree to a settlement with the injured driver, and you won’t need to go to court.
How Do You Get Money to Repair Your Vehicle?
If you purchased collision coverage as part of your policy, it should cover damage to your vehicle from the accident. However, you will still need to pay your deductible, which is a specific amount of money you must pay before the policy begins to cover your damages.
For example, if you have $2,000 worth of car damage from the accident and your deductible is $500, you would pay $500, and your insurance should cover the rest.
What Should You Do After You Cause a Car Accident?
Even if you were fully to blame for a car accident, there are things you should do to protect your rights. After a crash, you should:
Stop and Stay Safe
Stop and make sure you are out of the way of traffic. If possible, move your vehicle to the emergency lane and turn on your hazard lights or use reflective triangles to warn other drivers.
Check for injuries in your vehicle and any other cars to determine if immediate medical attention is required. And call 911 if anyone is seriously injured or killed.
Report the Car Accident
Call the police to report the accident. Do not leave the scene until police arrive. If you do, you can get charged with a hit and run. You can also ask for a copy of the police report for your records.
Exchange Information
Exchange contact information, names, insurance information, driver’s license details, and phone numbers with the other driver(s). You can also write down their license plate number and note the make and model of their vehicle.
Document the Scene
Take pictures or video footage of the accident scene, including the location of all vehicles, any injuries you suffer, and all vehicle damage. Picture evidence, along with witness statements and surveillance footage, will prevent anyone from changing the story later.
Tell Your Insurance Company
Contact your insurer to report the accident. Most policies require that you report an accident as soon as you can. Otherwise, you could miss out on coverage. Police may also issue a ticket for causing the car accident. It might be tempting to avoid this, but failing to report the accident is far more serious.
Contact a Lawyer
You should reach out to an Atlanta personal injury attorney for help after a crash. A lawyer can review your situation and help with fault determination for the collision. They can also explain what happens if you are at fault in a car collision.
Your attorney may also explain how to prove you were not at fault if someone else holds most of the responsibility for the crash.
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What Happens to Your Insurance if You Cause an Accident?
If you caused a motor vehicle accident, your car insurance rates will likely increase upon renewal. Causing an accident can also make you seem like more of a high-risk driver, which can lead to increased premiums or reduced coverage.
Some policies offer “accident forgiveness” if you remain accident-free for a specific period. This is usually something you would need to purchase ahead of time to benefit from it after a current accident.
However, every insurance company is different, so make sure you contact your provider to confirm these details and find out how your policy might change after a collision.
What Happens if You are Partially to Blame in a Car Accident?
Sometimes, there is more than one at-fault driver in an accident, especially when multiple vehicles are involved. The laws on shared fault vary by state. Georgia Code O.C.G.A § 51-12-33 states that you are only responsible for the percentage of fault you hold in the accident, as long as you are less than 50% at fault.
Here’s how it works:
- Legal professionals decide your percentage of fault and calculate your damages.
- Then, the compensation you would receive is reduced by your percentage of fault, allowing you the chance to recover for some of your damages if you were not entirely at fault in the accident.
- If you are 50% or more at fault for an auto accident, according to Georgia law, you will not be entitled to recover any damages.
A car accident lawyer can help determine the full extent of your damages and protect your rights throughout the process. You should not have to pay for more than your degree of fault in an accident.
An Attorney Can Help if You Hold Partial Fault for a Crash
You can handle your case without an attorney’s help – that decision is entirely up to you. However, a personal injury attorney can help sort out matters that can quickly become complicated. Plus, if you have an attorney on your side, you may still be able to get damages even if you are partially at fault for the accident.
Without an attorney helping you, and especially if the other driver’s insurance company knows you were partially at fault, you may have significant difficulty trying to collect any damages at all. You could be mistaken about being at fault altogether. Your attorney can help determine who is truly liable for the accident.
Types of Damages You Can Claim
Some of the damages you may be entitled to in your claim can include:
- Reimbursement for your medical expenses
- Vehicle repairs
- Property damage
- Lost wages if you had to miss work due to recovering from the accident
- Wrongful death, if you lost a loved one in the accident
An attorney can assist you through the insurance claim process and explain the steps you need to take after a crash. A lawyer can also provide more information about what happens if you are at fault in a car crash and help you navigate the various court procedures under Georgia car accident law.
Get Help After Your Car Accident
So, what happens if you are at fault in a car accident? In this situation, you may need to cover the losses of other drivers involved in the crash.
Whether you are at fault or not, car accidents are stressful for everyone involved. Remember to breathe and focus on the positives. In the best-case scenario, all parties will leave with only minor damage and can move on from the incident.
If you need assistance with a car accident claim, John Foy & Associates can help. We have been representing car accident victims and helping them get the recovery they deserve for over 20 years. We work only for injury victims—never for insurance companies. For questions about your case and to schedule a free consultation, contact us today.
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