You may be eligible for compensatory damages if you’ve suffered an injury, property damage, or both in a Union City car accident. All car accident claims must comply with various legal requirements. These requirements can vary from one state to the next.
Georgia Car Accident Laws
Georgia has its own car accident laws. These laws apply to personal injury claims arising from car accidents in Georgia. Understanding these laws will help you avoid making mistakes in filing a claim. These laws are explained below.
Statute of Limitations
The statute of limitations is one of the most important car accident laws in Union City. This is basically a deadline. This deadline is required if you want to file a lawsuit against the liable party for a car accident.
Different states have different statutes of limitations. Georgia has a 2-year statute of limitations for car accident claims. If you are injured in a car accident, you must file a claim within 2 years of the accident. If you are claiming vehicle damage only, the statute of limitations is less strict. You will have four years to file a claim in this instance.
Personal injury claims are dependent on the statute of limitations. It is difficult to obtain compensatory damages for a car accident after the statute runs out. Although there are rare exceptions to this statute, you should discuss your case with an experienced attorney to determine if your case is one. It is best to file the claim as soon as possible.
Modified Comparative Negligence
Georgia uses the modified comparative negligence to determine fault in car accidents. Fault refers to the extent of negligence a party has in a car accident. A car accident can be caused by one or more people. If there are more than one party, the blame is divided proportionally to their negligence.
Modified comparative negligence rules allow you to recover compensatory damages even though you were partially responsible for a car accident. The percentage of fault you have in a car accident reduces the amount that you are entitled.
Let’s say you were going at 5 mph faster than the posted speed limit. Your vehicle collided with a car that had been stopped at a red light. While the primary driver is at fault, you could also be responsible for the accident due to your speeding.
A jury could decide that the other driver was 90% at fault, and that you were 10%. The actual amount you get is $9,000. If $10,000 is awarded to you, you will be entitled to $10,000 in damages. Your share of the fault will result in 10% of your compensation being reduced or approximately $1,000.
You cannot always recover damages under the modified comparative negligence rules if you are responsible. Georgia car accident law bars you from any compensation if your percentage of fault exceeds 50%. In order to avoid paying you for the damages you deserve, an insurance company or at-fault driver might try to make you look like the main negligent party.
Fault Auto Insurance
Georgia has a “fault” system for car accidents. If you sustain losses as a result of the negligence of another driver you can seek damages from him. There are both upsides and benefits to a fault system.
A fault system has the advantage that money to pay for your damages comes from the pockets of the responsible driver. You will need to negotiate with the driver’s insurance for damages or file a civil lawsuit. In either case, you will need to have a competent attorney on your side to help navigate the complex system of car accident laws
Call Our Reliable Attorneys in Union City, GA to Learn More About Georgia Car Accident Laws
It is crucial to contact an attorney immediately if you are injured in a car accident in Union City, GA. An experienced attorney can help you comply with the state’s legal requirements and file your claim on time. They will also help you seek fair compensation.
The law offices of Gilbert Sperling, III can help you negotiate with your insurer to counter unfair objections that the insurer might raise to prevent you from getting paid. Let’s talk about your case and the Georgia car accident laws today by calling 404-418-7816.