Georgia car accident laws operate on a fault-based system. This means that the driver found to be “at-fault” for causing the car accident must pay for any damages he or she causes. In most cases this means that the at-fault driver’s car insurance company will pay for the damages up to the policy limits.
Determining fault is not always clear cut. If you are attempting to settle your case with the insurance company, the insurance adjuster will make a fault determination. If you go to trial, the jury will assign a percentage of fault to each driver for the car accident. It is possible, however, that the other driver could be more at-fault for the accident and that the damages that you receive are reduced based on your responsibility for the accident. This concept is known as comparative negligence.