When driving around the US, laws governing car crashes can get confusing as they differ from state to state. The majority have no-fault laws for car crashes, meaning that your own insurance company should pay you out if you are injured, whoever was at fault. Insurance policies have limits, so you may still need to claim against the other driver if your insurance does not cover enough.
In Georgia, to make a car insurance claim, you need to prove the other driver was at fault. Georgia uses the “modified comparative negligence” law. As long as you are less than 50% responsible for the crash, you can claim against the other person’s insurance. You can only claim for the percentage the other party is to blame for. So if you are 20% responsible, you can get a maximum of 80%.
The question is, how do you decide the percentage of fault each party carries? If the case goes to trial, the judge or jury will have to decide based on the evidence presented and the arguments of each side’s attorney. Otherwise, the insurance adjusters will make an offer based on any police evidence and their investigators’ conclusions. Remember, they are looking out for their interests, not yours.
The other person’s insurance company knows that if they can place more of the blame on you, it will limit what you can claim from them. If both insurance companies talk to each other, they may try to declare each person was 50% to blame. In that way, neither can claim. If you have a car crash in Georgia, seek legal help to fight for compensation.