Is Georgia a fault state for car accidents?

By Ben Sessions on December 27th, 2022 in

Yes, Georgia is a “fault” state for car accidents, which means that the party who is at fault for causing the accident is responsible for paying for the damages caused by the accident. This is known as a “tort” system.

Under Georgia’s fault-based system, the injured party can seek compensation from the at-fault party’s insurance company or, if the at-fault party does not have insurance or the damages exceed the at-fault party’s policy limits, the injured party can file a lawsuit against the at-fault party to seek damages.

In some cases, both parties may share fault for the accident. Georgia follows a “modified comparative fault” rule, which means that if both parties are found to be partially at fault, the amount of damages awarded to the injured party will be reduced by the percentage of fault attributed to the injured party. However, if the injured party is found to be 50% or more at fault, they will not be able to recover any damages.

It is important to note that fault can be difficult to determine and may be the subject of dispute in a car accident case. It is best to consult with an experienced personal injury attorney to help determine fault and seek appropriate compensation.