Every state has its own laws regarding car accidents. This means different states handle accidents differently, and perhaps the biggest difference is between “no fault” states and “at fault” states:
- In an at fault state, the driver who caused the accident is responsible for all costs
- In a no fault state, every driver is covered by their own insurance, no matter who caused the accident
Georgia is not a no-fault state. In fact, in the entire country, there are only twelve no-fault states. They are:
- New Jersey
- New York
- North Dakota
Pros and Cons of No Fault States
There is widespread debate in the legal community over which is better, no fault or at-fault states. The biggest advantage of a no fault system is that it’s simpler. Adjudicating fault takes time, resources, and often a lot of legal work, so no fault states tend to have a leaner court system and a lot less disputes over car accidents. Some people also consider it more positive because there is no arguing over who caused the accident.
But there are also drawbacks. In a no fault state, your insurance has to pay for your injuries even if you didn’t cause the accident—which means you may have to pay higher insurance rates because of someone else’s mistake. No fault states also frequently have caps on how much compensation you can receive. You could end up getting less than the total amount you need.
Have you been involved in an accident? John Foy & Associates offers a free consultation with some of the most experienced and respected personal injury lawyers in Georgia. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.