What Is The No Fault Law in Georgia?

Georgia does not have a “no fault” law for car accidents. It’s a traditional tort state, which means Georgia makes the person who causes an injury pay for it, even in car accidents.

Below, our Atlanta car accident lawyers can explain fault vs. no-fault states, how Georgia’s car accident laws work, and how this affects your claim if you’ve been in an accident.

The Difference Between Fault and No-Fault States

Our personal injury lawyers in Atlanta recognize that there are two basic ways a state can handle injury cases like car accident: fault or no fault.

• Fault states like Georgia have chosen to follow the older, more traditional system where each person has to pay for the damages or injuries that they themselves cause. In a car accident case, that normally means their insurance company pays the costs, not them personally. But they may have to pay out of pocket if they don’t carry insurance or their insurance isn’t enough.
• No-fault states have adopted a newer model. In those states, no one has to argue over who caused an accident. Each person’s injuries are paid by their own insurance—no matter who is at fault.

Both systems have advantages. The traditional fault system is based on a sense of justice: the person who caused a problem must pay for it. But this comes with drawbacks, such as long legal battles over fault. And it can create very unfair situations—for example, if you’re hit by an uninsured driver, how do you get your money?

No-fault systems put fairness first. On a no-fault system, the only way you don’t get the money you need is if you chose not to carry car insurance. That means it’s easier to get money after an accident and you only have to deal with your own insurer. But this also has a downside: car insurance costs tend to be higher in no-fault states.

How Georgia’s Fault Laws Work

Here’s how Georgia handles car accidents:

• Everyone is required to carry car insurance on their vehicle. If they don’t, they’re breaking the law.
• When an accident happens, police and insurers work to determine who was at fault.
• If one person was at fault, that person or their insurance adjusters pays everyone’s costs.
• If more than one person shares the fault, the costs are shared between them or their insurance companies.

What should I do if I was in a car accident in Georgia?

Here are the steps you should take:

• Always call the police and exchange information with the other driver
• Get medical attention afterward. Even if you weren’t seriously injured, get a routine checkup by a doctor and tell them about your accident.
• Call a lawyer. A good lawyer will give you a free consultation and help you understand your legal rights—and how much money you should expect to recover.

You may also want to read about what to do if the accident was your fault and if it was someone else’s fault.

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