We Know Injury Law

You can still recover damages even if you contributed to a crash

On Behalf of | Apr 18, 2023 | Car Accidents |

Many people believe that one cannot recover compensation for injuries sustained in a car crash they contributed to. While there is an element of truth in the notion, depending on your jurisdiction, the law in Georgia works differently.

You can still recover compensation for your damages if you played a part in a car accident. Here is what you need to know.

What the law in Georgia says

Georgia’s modified comparative negligence rule will determine the damages you can recover with your car accident claim. Under this rule, each party’s degree of fault is considered when assessing the amount of compensation they are entitled to after a crash.

The first thing to note is that your contribution to the accident will diminish the potential compensation. For example, suppose you were involved in a car accident, and it was determined that you were 20% at fault for the accident. In that case, you may still be able to recover compensation from the other driver for the remaining 80% of the damages.

However, the same law bars you from recovering compensation if you were 50% or more to blame for the crash.

How is each driver’s fault determined after a crash?

Insurance companies often send out crash investigators to help establish the circumstances that led to a crash. Driver statements, police reports and surveillance footage can all help arrive at a conclusion on each driver’s role in the crash.

That said, you should never admit partial or full responsibility for an accident when making any statements to the police or insurance adjusters. Your confession could be used against you when apportioning fault.

Get help with your Georgia car accident claim

Your degree of fault for a crash can significantly reduce your compensation or prevent you from recovering anything. Therefore, it helps to have qualified legal representation to protect your rights and interests at all stages of the claims process, including the investigations. Remember always to obtain witness contact information and sound confident when giving statements to the police (ex: “I had the green arrow” versus “I think I had the green arrow.”). The right guidance and counsel will considerably increase your chances of getting your deserved settlement.


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