Needing medical treatment after a car accident is common. In the days and weeks following an accident, doctor’s visits, sometimes even inpatient care, can take up a lot of your time. Medical bills can quickly become overwhelming, which is why fighting for fair compensation is so important, especially if the accident wasn’t your fault.
Holding the at-fault driver responsible for these costs is essential, as they may be required to compensate you for some or all of your medical expenses. In Georgia, understanding what expenses are covered, who pays and how liability works is important for getting the benefits you need to recover fully.
Understanding compensation in Georgia car accidents
Georgia operates under “at-fault” rules. This means the person who caused the crash is responsible for the other driver’s damages. However, it’s not always straightforward. Georgia also uses “modified comparative negligence,” which allows you to seek compensation even if you’re partially at fault (up to 49%). The court (or the insurance company, in a settlement) will reduce your award based how at fault you were.
What can you expect compensation for? Here’s a quick list:
- Medical bills (current and future)
- Lost wages
- Pain and suffering
- Vehicle repairs
Medical costs compensation are often the most pressing after a car accident.
The at-fault driver should pay in Georgia, with liability determined by evidence
In Georgia, the cause of the accident is usually responsible for damages, including medical expenses. This is the “at-fault” system at work. How do insurance companies figure out who’s at fault? They gather evidence, including police reports, witness statements, photos and videos of the scene, and damage to the vehicles.
Once the evidence points to the at-fault driver, you can file a claim with their insurance company. This claim notifies them of your injuries and damages and that you’re seeking compensation.
If the insurance company accepts responsibility, they’ll negotiate a settlement with you (or your attorney). If it’s clear the other driver caused the accident, you and the insurance company will work toward a fair settlement to cover your medical expenses.
The payment process after accepting your claim
Once the insurance company accepts responsibility, they typically issue payment for the agreed-upon damages. There’s no set minimum or maximum for car accident settlements in Georgia, as each case is unique. The at-fault driver’s insurance covers damages up to their policy limits. If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage can step in to help.
The insurance company will pay you or your attorney directly. They may also pay medical bills directly to health care providers. You can use the settlement to cover your out-of-pocket medical expenses.
Fair compensation for medical costs
While Georgia law doesn’t specify a set percentage for medical bill coverage, a fair settlement should ideally cover all reasonable and necessary medical expenses related to the accident. However, this is often subject to negotiation.
If you can’t reach an agreement, you might need to go to court, where Georgia’s negligence rule could affect your compensation. Even if the insurance company initially accepted responsibility, they might later dispute your damages or degree of fault. That’s why strong evidence is very important in personal injury cases.