WHAT HAPPENS IF AN INJURED PERSON IS MOSTLY AT FAULT IN AN ACCIDENT?

By Ben Sessions on August 22nd, 2016 in Car / Auto Accident

QUESTION: I WAS INVOLVED IN A CAR ACCIDENT IN GEORGIA. IN MY OPINION, I WAS MOSTLY AT FAULT FOR THE CRASH, BUT I HAVE VERY SIGNIFICANT INJURIES AND MEDICAL BILLS. CAN I RECOVER FROM THE OTHER PARTY’S INSURANCE FOR MY INJURIES?

Georgia personal injury law is based upon fault. If you have been involved in an auto accident in Georgia and you were mostly at fault for the crash, Georgia law bars your recovery from the other party’s insurance. This is one of the few instances in which the law provides us with clear unequivocal guidance on the case; however, what it does not answer for us is whether you were actually 50 percent or more at fault for the accident.

(g) Notwithstanding the provisions of this Code section or any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.

O.C.G.A. § 51-12-33.

So, the short answer is: yes, fault, which is also called liability, is really important in the determination of whether you can recover against another person and their insurer following an accident. If the other party/person in an accident is not more responsible for the cause of the accident, you cannot recover for the damages you have suffered as a result of an accident.