When you are in a car accident, it can be confusing to navigate through the process of filing a claim for property damage or personal injury that you received during the accident. If you had to go to the hospital or undergo painful and expensive physical therapy or specialist appointments after the accident, those bills may be starting to show up in your mailbox, waiting to be paid.
But are your medical bills paid by your car insurance? The answer is it depends.
Georgia law requires drivers to carry accident liability insurance of at least $25,000 per person, $50,000 per accident for injuries to two or more people, and $25,000 for property damage. However, it does not require drivers to purchase uninsured or underinsured coverage or personal injury protection coverage, which is an additional expense to their monthly insurance premiums. The additional personal injury protection in your coverage can be used to cover out-of-pocket expenses, copays, or medical deductibles that will come up while you are being treated for your injuries. Your insurance company will pay for this regardless of who was at fault for the accident. However, if you don’t have that extra protection, you may have to pay those expenses out of pocket.
WHAT HAPPENS IF THE OTHER DRIVER IS AT FAULT?
Georgia, unlike many other states, is not a no-fault insurance state. Georgia has a modified comparative fault rule, which means that a driver who is more than 50 percent at fault for the accident cannot sue the other party for damages.
Therefore, if the other driver is found to be at fault for the accident, his insurance company would be responsible for paying his medical bills. This amount can depend, of course, and this is usually the critical part of the lawsuit (determining how much money the injured party will receive). Your insurance company and the other driver’s insurance company will fight behind the scenes to come to an agreement on who will pay for what.
However, if the other driver responsible for the car accident does not have car insurance, then it can get a bit more complicated. He may be able to get compensation from his own insurance company if he has uninsured motorist coverage on his insurance, which protects him from an at-fault driver who doesn’t have insurance. Plus, he protects you from hit-and-run drivers.
If you were involved in a car accident in Georgia that resulted in injuries, you need to contact a legal team that will be there with you every step of the way to help you collect money owed for medical debt or pain and suffering. Call the Fry Law team today at (404) 969-1284 to schedule a legal consultation.