When a crash happens in Georgia, two parallel claims usually arise: bodily injury (often shortened to “BI”) and property damage (“PD”). They travel side-by-side but operate very differently—from what you must prove, to what’s covered by insurance, to the deadlines and evidence that matter most. Understanding those differences can protect your rights and maximize your recovery. Here’s a clear, practical guide from the perspective of Kevin Patrick and Kevin Patrick Law, an Atlanta trial firm that represents injured Georgians.
The Legal Theories: People vs. Things
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Bodily Injury (BI) compensates for harm to a person. This falls under Georgia’s tort law (Title 51 of the Official Code of Georgia Annotated), where an at-fault driver who breaches a duty of reasonable care and causes injuries is responsible for the full measure of damages that foreseeably flow from that negligence.
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Property Damage (PD) compensates for harm to property—most commonly your vehicle and its contents. While still rooted in tort, PD is measured very differently than human injuries. Georgia law allows recovery for reasonable repair costs and, where applicable, diminished value (the loss in market value even after proper repairs). Georgia courts have long recognized diminished value claims for vehicles that are repaired but still worth less due to their accident history.
Bottom line: BI is about you—your body, health, livelihood, and quality of life. PD is about your stuff—primarily your car’s repair/replacement value and loss in value.
What Damages Can You Recover?
Bodily Injury (BI) Damages
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Medical expenses: ER visits, hospital bills, surgery, physical therapy, medication, medical devices, and future care.
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Lost wages & loss of earning capacity: Income you missed and, when applicable, reduced ability to earn in the future.
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Pain and suffering: Physical pain, mental anguish, loss of enjoyment of life, inconvenience, and related human losses.
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Scarring, disfigurement, and disability: Compensation for long-term or permanent changes.
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Loss of consortium (when applicable): Harms to the marital relationship caused by the injuries.
Property Damage (PD) Damages
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Vehicle repair costs or fair market value (FMV) if the car is a total loss.
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Diminished value: The difference between your car’s pre-crash value and its post-repair value, when the market “stigma of damage” affects resale.
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Loss of use: Reasonable rental car costs or compensation for the time you’re without a usable vehicle.
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Personal property inside the car: Phone, laptop, car seat, or other items damaged in the crash (document ownership and replacement value).
Pro tip from Kevin Patrick Law: Always preserve two values for a repaired car—(1) the cost to repair and (2) the diminished value. Insurers don’t volunteer diminished value; you usually have to ask and support it.
Evidence: How to Prove Each Claim
BI Evidence
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Medical records & bills that tie your symptoms and diagnoses to the crash.
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Doctor opinions on causation, necessity of treatment, and future medical needs.
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Work documentation of missed time and restrictions.
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Pain-and-suffering proof: Photos, journals, testimony from family/friends about daily limitations.
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Prior history: Be candid about earlier injuries—your credibility is crucial, and Georgia law lets you recover for aggravation of pre-existing conditions when the crash worsens them.
PD Evidence
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Body shop estimates & final invoices.
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Before/after photos and vehicle history (VIN reports).
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Comparable sales (“comps”) to show FMV and diminished value.
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Rental receipts or mileage/transport logs for loss of use.
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Receipts for items damaged inside the vehicle.
Insurance Coverages: Which Policies Pay What?
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The at-fault driver’s liability policy typically has separate limits for BI and PD. Your recovery may be constrained by those limits unless other coverage applies.
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Your own coverages can matter:
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MedPay (medical payments): Pays reasonable medical expenses regardless of fault, up to your elected limit.
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UM/UIM (uninsured/underinsured motorist): Steps in for BI (and sometimes PD, depending on your policy) if the at-fault driver has no insurance or not enough insurance.
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Collision: Pays to repair/replace your vehicle regardless of fault (subject to deductible), with potential subrogation against the at-fault insurer.
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Rental reimbursement: Helps cover a rental car while yours is being repaired.
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Practical tip: Ask your insurer to confirm coverages in writing after a crash. Kevin Patrick Law routinely audits clients’ policies at the outset to avoid leaving money on the table.
Statutes of Limitation & Timing in Georgia
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Bodily Injury: Generally two years from the date of the crash to file a lawsuit in Georgia for personal injuries. Some situations can toll (pause) that period, but don’t rely on exceptions without getting legal advice promptly.
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Property Damage: Generally four years from the date of the crash to file a lawsuit for damage to property.
Deadlines can be affected by special circumstances (e.g., claims involving government entities, minor plaintiffs, or estates). Act early—evidence goes stale, vehicles get repaired or sold, and witnesses become hard to find.
Settlement Dynamics: Why BI and PD Often Move at Different Speeds
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PD claims often resolve faster because repair estimates and total-loss valuations are available early.
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BI claims typically take longer because you should not settle until you understand the full scope of your injuries, treatment, and any future medical needs. Settling too early can permanently undervalue your case.
At Kevin Patrick Law, we commonly separate PD and BI tracks—pushing the car claim forward swiftly so you can get back on the road, while carefully developing the medical evidence necessary to properly value the injury claim.
Diminished Value in Georgia: Don’t Miss It
Georgia is considered friendly terrain for diminished value. Even after high-quality repairs, buyers pay less for a previously wrecked car. Supporting evidence can include expert reports, dealer statements, VIN history services, and market comps. If repairs exceed a significant percentage of the car’s value or involve structural components, diminished value is more likely and larger.
Tip: Keep a clean paper trail—all estimates, supplements, parts lists, alignment reports, and paint sheets help quantify the stigma and support your diminished value demand.
Common Pitfalls to Avoid
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Accepting the first PD valuation without checking comps or diminished value.
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Gaps in medical treatment that let insurers argue your injuries weren’t serious or weren’t caused by the crash.
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Posting on social media about activities that can be misconstrued.
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Signing broad releases that inadvertently waive claims—some PD releases have language that can reach BI if you’re not careful.
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Missing deadlines or letting the car be sold for salvage before you’ve documented it thoroughly.
How Kevin Patrick and Kevin Patrick Law Can Help
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Early strategy: Confirm coverages, secure recorded evidence (ECM data, dash cams), preserve vehicle and scene photos, and set parallel PD and BI timelines.
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Medical roadmap: Coordinate with treating providers and specialists so your records clearly address causation, necessity, and future care.
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Valuation & negotiation: Build a comprehensive damages package for BI and a fully documented PD + diminished value claim. We negotiate firmly and prepare each case as if it will be tried—because that’s how you unlock fair value.
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Trial-ready: If insurers won’t be reasonable, Kevin Patrick is a trial lawyer. We file, conduct discovery, bring the right experts, and try the case.
FAQs
Q: Can I settle my property damage claim now and my injury claim later?
A: Yes—so long as the PD release is limited to property damage only. Kevin Patrick Law reviews releases to keep your BI claim intact.
Q: What if the at-fault driver is uninsured or underinsured?
A: Your UM/UIM coverage can step in for BI and sometimes PD (depending on the policy). We’ll analyze stacking options and the “add-on” vs. “reduction” forms to maximize recovery.
Q: Do I need an expert for diminished value?
A: Not always, but an expert opinion or robust market proof often increases leverage and clarity—especially for late-model or high-value vehicles.
Final Takeaway
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Bodily injury claims address the human impact: medical care, income loss, and pain and suffering.
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Property damage claims address the economic impact on your vehicle and belongings: repair or total loss value, diminished value, and loss of use.
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The smartest play is a two-track strategy—move PD promptly, fully develop BI, and protect your rights at every step.
Ready to talk through your claim?
Contact Kevin Patrick at Kevin Patrick Law for a free consultation about your Georgia car accident. We’ll evaluate your bodily injury and property damage claims, investigate coverage, and build a plan to recover everything the law allows.