Georgia follows both a No-Fault insurance system and a tort threshold system, meaning that certain legal criteria must be met to file a lawsuit for damages after a car accident. These specific rules apply when seeking compensation from the at-fault driver for pain and suffering, lost income, medical expenses, future financial losses, and vehicle repair costs for car accident damages.
Understanding Georgia’s Car Accident Laws
In Georgia, if you are injured in a car accident, you have the right to file a lawsuit against the at-fault driver pursuing compensation for pain and suffering. However, before you can pursue such a claim, you must demonstrate that your injuries meet the state’s threshold of personal injury claim a “serious impairment of body function.” This requirement ensures that only significant injuries qualify for pain and suffering compensation.
Georgia’s auto insurance law strikes a balance between the state’s No-Fault system, which mandates that your insurance provider covers your medical expenses and lost wages through Personal Injury Protection (PIP) benefits, and the tort system, which allows you to sue your insurance claim and the at-fault driver for additional damages.
When Can You File a Lawsuit After a Car Accident in Georgia?
If your medical expenses exceed the PIP coverage provided by your insurance policy, you can sue the at-fault driver for the remaining medical costs. This is known as suing for “excess” medical benefits. Additionally, if evidence of your vehicle is damaged in the accident, Georgia’s mini-tort law allows you to show property damage and sue the at-fault driver for up to $3,000 in repair costs.
What Can You Sue for After a Car Accident in Georgia?
If you determine that another driver is at fault in a car accident, you may be able to pursue compensation or file a lawsuit for:
Compensation for pain and suffering
Recovery of lost wages beyond what PIP covers
Reimbursement for medical expenses that exceed your insurance coverage
Vehicle damage repair costs, up to $3,000
You also have the option to sue your insurance agent or own driver's insurance company, if they fail to pay the No-Fault benefits you are entitled to receive.
Types of Legal Claims You Can Pursue After a Car Accident in Georgia
If you’re involved in a car accident in Georgia, you may have multiple other legal action, and liability claims to consider:
A claim against your own insurance company for unpaid or overdue PIP benefits.
A claim against the at-fault driver for injuries, damages, and losses resulting from the accident.
A mini-tort claim for vehicle repairs, limited to $3,000.
Can You Sue the At-Fault Driver Directly?
Yes, in Georgia, you can file a lawsuit against the negligent party at-fault driver to recover compensation for pain and suffering, lost wages, and medical expenses that exceed what your insurance policy covers. You can also seek reimbursement for vehicle repair costs through the court as a mini-tort claim.
Filing a Lawsuit for Pain and Suffering After a Work-Related Car Accident
If you’re injured in a car accident while on the job, you can sue the either at fault driver personally third party at-fault driver for pain and suffering, provided they are not your co-worker or employer. Georgia’s Workers’ Compensation law allows you to pursue such claims against third parties, including drivers who caused the accident.
Seeking Wage Loss Compensation After a Work-Related Car Accident
In Georgia, Workers’ Compensation typically covers lost wages for the duration of your disability. However, if your wage loss from physical injuries extends beyond what No-Fault insurance covers, your Workers’ Compensation provider may seek reimbursement through a lien on your pain and suffering recovery.
New Possibilities for Reimbursement Liens on Medical Benefits
With Georgia’s current No-Fault law, drivers can choose varying levels of medical coverage. If your medical expenses exceed your chosen coverage level, your Workers’ Compensation insurer may place a lien on any recovery you obtain from a lawsuit against the at-fault driver.
Who Should You Sue After a Car Accident in Georgia?
If you’re seeking compensation for injuries, pain and suffering, lost wages, or future medical bills, you’ll typically sue someone personally the at-fault driver. If your dispute or insurance settlement involves unpaid No-Fault benefits, your lawsuit would be against your own insurance company.
Suing for Vehicle Damage in Georgia
If another driver is responsible for totaling your personally after a car over, Georgia’s mini-tort law limits your ability to recover vehicle damage costs to $3,000. If the collision caused other driver was uninsured, however, you may sue for the full value of your vehicle’s damage.
How Much Can You Sue for After a Car Accident in Georgia?
Georgia does not cap the amount you can sue someone for when seeking compensation for pain and suffering, lost wages, or medical expenses. However, your financial recovery may be limited by the at-fault driver’s insurance policy limits. Under the mini-tort law, the maximum you can claim for vehicle damage is $3,000.
Suing for Negligence After a Car Accident in Georgia
You can file a lawsuit for negligence against the at-fault driver to seek compensation for pain and suffering, lost wages, and medical expenses. However, to recover pain and suffering damages, you and attorney must show that your both suffered injuries that are serious enough to meet Georgia’s legal threshold.
What to Do if the At-Fault Driver Is Uninsured
If the other driver's insurance company who caused the accident is uninsured, you can file a lawsuit against them, though collecting damages may depend on their personal assets. If you have uninsured motorist coverage, you can file a claim with your own insurer.
What If the At-Fault Driver’s Insurance Doesn’t Cover All Your Damages?
If your car accident lawsuit the at-fault driver’s insurance doesn’t cover all your damages, and they have substantial assets, you may be able to sue them for the remaining amount. Additionally when suing someone after a car accident, if you have underinsured motorist coverage, you can file a claim with your own insurance company.
Need Legal Help After a Car Accident in Georgia? Contact Georgia Auto Law
If you have questions about your legal rights after a car accident in Georgia, or if you’re a car accident attorney and considering filing a lawsuit or auto accident, Georgia Auto Law is here to help. Contact us today for a free consultation with one of our experienced car accident attorneys. There is no cost or obligation. You can also reach us through our contact page or chat feature on our website.
At Georgia Auto Law, we focus on providing personalized attention to each case. Unlike other firms, we deliberately handle fewer cases to ensure that our clients receive the time and attention they deserve.
Our commitment is to client care.This approach also leads to better and faster settlements, helping our clients recover the financial compensation they need and deserve. Georgia Auto Law has recovered more million-dollar settlements and trial verdicts for car accidents than any other law firm anywhere in the state.