Bodily Injury Liability Insurance

Legal Definition Under Georgia State Law

Bodily injury liability insurance pays for bodily injuries after a car accident.  Because it is liability insurance, it applies to the other driver or passengers, not the individuals who are in your car. 

You must have a minimum amount of bodily injury liability insurance in Georgia—$25,000 for each person and $50,000 for each accident.  This type of insurance is just one of several different types of insurance that are available to Georgia drivers. 

Why is bodily injury liability insurance necessary?

Georgia law requires that you carry minimum levels of liability insurance for both property damage and bodily injuries.  This type of insurance is necessary because it’s required by law, but it’s also a good idea to have this type of insurance for another important reason—Georgia is a “fault” state.  In Georgia, if you cause an accident that results in harm to other person or property, then you are legally required to pay for the damages or injuries that you created. 

If you are injured in a car accident in Georgia, you will often look to the other driver’s insurance company to pay for your medical bills, property damage, and other losses.  Only if you have certain types of insurance coverage will you get money from your own insurance company.

What types of costs are covered under bodily injury liability insurance?

Generally speaking, any loss that deals with mental or physical impairments will be addressed by bodily injury coverage.  But, it also covers some additional losses that you might realize, including:

• Medical expenses. Bodily injury liability insurance is most often used for medical expenses.  But, it can also be used for follow-up treatment as well, including physical therapy, surgeries, and subsequent appointments—it is not just for emergency medical care.
• Lost wages. When you are seriously injured after an accident, and you have to miss work, bodily injury liability insurance can be used to replace your salary.  Lost wages should be part of your personal injury settlement, but they will not be paid as you miss work.
• Legal fees. When you sue someone else after a car accident, that person will generally use their insurance to pay for an attorney to defend your claim.  That means that although the other driver is involved in the accident, they will not be paying the legal bills or your ultimate recovery or settlement.  You should keep this in mind if you are concerned about starting a lawsuit against a friend or family member.  Your attorney fees are not addressed, but you generally will not pay any fees unless you get money for your legal claim under John Foy & Associates’ contingency fee system. 
• Pain and suffering. Not all of your losses after an accident can be quantified.  If you are injured in an accident, you likely went through physical pain and suffering, even as you were healing and going through treatment.  Bodily injury liability insurance addresses this particular loss as well. 

How do you file a bodily injury liability claim?

Because this type of coverage comes from the other driver, you need to know what kind of insurance the other driver has and how to contact the right insurance company.  Generally, the other driver should tell their insurance company about the accident.  In those cases, the insurance company may contact you within a few days of the crash.  But, even if the other driver doesn’t talk to their insurance company, you can report the incident too.

It’s a good idea to have a personal injury attorney even before you report a claim so your lawyer can talk to the insurance company on your behalf.  But, there are short deadlines for reporting an accident, so you need to move quickly if the other driver doesn’t report the accident.  When you report the accident, you should only share the following information:

• When and where the accident took place
• A general description of the damage and injuries involved
• Whether you went to the hospital

You shouldn’t limit yourself when you talk to the insurance company.  If they ask you whether you mentioned all of your injuries or damage or not, you can note that you have told them everything you know about so far, or something similar.  You never want to get trapped into saying that you don’t have any other injuries or damage, just in case you left something off your general list. 

If you have been involved in a car accident, the other driver’s bodily injury liability insurance will be beneficial for you.  But, you need to prove that the other driver was at fault to get this money.  Having John Foy & Associates help you after an accident significantly increases your chances of getting enough money to address all of your losses after a crash.  Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.