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Most Georgia drivers carry car insurance because it’s required by law, but few truly understand how the system works until after a serious accident. Georgia is an at-fault insurance state, which means the driver who causes the accident — and their insurance company — is responsible for paying for injuries, medical bills, lost wages, and property damage.
This sounds simple in theory, but in practice, proving fault and negotiating with insurance companies is often complicated. That’s where having an experienced personal injury attorney like Kevin Patrick becomes critical. Let’s break down what Georgia’s at-fault insurance laws mean for drivers, accident victims, and families.
In Georgia, the at-fault driver is legally responsible for the damages they cause. Unlike “no-fault” states, where each driver’s own insurance pays regardless of fault, Georgia follows a traditional liability-based system.
Under O.C.G.A. § 51-12-33, Georgia also uses a modified comparative negligence rule. This means:
Accident victims can still recover damages if they are less than 50% at fault.
However, their compensation is reduced by the percentage of fault assigned to them.
If a victim is 50% or more at fault, they cannot recover damages at all.
👉 Example: If you suffer $100,000 in damages but are found 20% at fault, your recovery will be reduced to $80,000.
This rule makes determining fault a crucial part of every Georgia car accident claim.
Georgia law requires every driver to carry minimum liability coverage:
$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$25,000 for property damage per accident
While these limits satisfy state law, they are often not enough to cover serious accidents involving hospital stays, surgeries, or long-term care. That’s why Kevin Patrick Law often pursues the at-fault driver’s insurance and explores additional coverage options, such as uninsured/underinsured motorist coverage.
Determining fault isn’t always straightforward. Insurance companies will review several key factors:
Police reports – These often include citations and officer observations.
Witness statements – Neutral third parties can support or contradict claims.
Accident scene evidence – Skid marks, traffic camera footage, and vehicle damage.
Expert analysis – Accident reconstruction specialists may be used in disputes.
Insurance adjusters frequently attempt to minimize payouts by exaggerating a victim’s role in the accident. That’s why having an experienced trial lawyer like Kevin Patrick can make the difference between a denied claim and a fair settlement.
Some types of accidents are more straightforward when it comes to fault, while others are more complex:
Rear-End Collisions: Usually the rear driver is at fault, unless the front driver stopped suddenly in a reckless manner.
Left-Turn Accidents: Often the turning driver is at fault, unless the other driver ran a red light or was speeding.
Multi-Vehicle Pileups: Fault may be divided among several drivers, making comparative negligence especially important.
Hit-and-Run Accidents: Victims may need to rely on uninsured motorist coverage if the at-fault driver is never found.
Georgia’s modified comparative negligence rule plays a huge role in car accident cases. Insurance companies use it to reduce payouts by shifting partial blame onto the injured driver.
Consider this scenario:
A driver runs a red light and hits another vehicle.
The other driver, however, was texting while driving.
The jury finds the texting driver 15% at fault and the red-light runner 85% at fault.
The texting driver can still recover damages, but their award is reduced by 15%. If the percentages were reversed, the texting driver would recover nothing.
Insurance companies are businesses, and their goal is to pay out as little as possible. They often:
Contest liability and blame the victim.
Delay claims hoping victims will accept low settlements.
Pressure victims into recorded statements that can be used against them.
Kevin Patrick Law has a proven track record of handling these tactics. With extensive trial experience, Kevin doesn’t just prepare cases for settlement — he prepares them for courtroom success. This leverage often results in higher settlements for clients because insurance companies know they are dealing with a lawyer ready to fight.
Even though Georgia requires liability insurance, many drivers carry only the minimum coverage — or none at all, despite the law. To protect yourself, it’s wise to purchase uninsured/underinsured motorist coverage (UM/UIM).
UM/UIM coverage helps pay for your medical expenses and damages if:
The at-fault driver has no insurance.
The at-fault driver’s insurance isn’t enough to cover your losses.
You’re injured in a hit-and-run accident.
Kevin Patrick Law frequently helps clients navigate these types of claims, ensuring that every available coverage source is identified and used.
To strengthen your at-fault insurance claim, follow these steps after an accident:
Call 911 and report the accident. Get a police report.
Seek medical attention immediately. Even minor injuries can worsen.
Gather evidence. Take photos, get witness names, and exchange insurance information.
Do not admit fault. Even a casual “I’m sorry” can be twisted against you.
Contact a Georgia personal injury lawyer. The sooner you call, the stronger your case.
Georgia’s at-fault insurance laws may seem straightforward, but in practice, accident claims are rarely simple. Fault must be proven, negligence percentages matter, and insurance companies fight hard to protect their profits.
With Kevin Patrick Law, you have an advocate who understands Georgia law, knows how to deal with insurers, and has the trial experience to maximize compensation.
If you’ve been injured in a Georgia car accident, don’t try to face the insurance companies alone. Contact Kevin Patrick Law today for a free consultation and let us fight for the justice and compensation you deserve.
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