The state of Georgia uses a modified comparative negligence model, which means that you can claim damages as long as you are not the party most at fault. If an accident only involves two people, you can be 49% at fault or less and still be entitled to compensation.

Car accidents, major or minor, usually end up being a huge headache. You have to figure out what you can and can’t claim, and that’s not always easy. Learning your state’s comparative negligence laws will make the process of sorting out an accident more straightforward.

If you are a driver in Georgia looking to better understand your state’s comparative negligence laws, this guide compiled by the

car insurance

broker

Jerry

will break down everything you need to know. We also explain how this impacts your

Georgia car insurance

Jerry sends free alerts to keep your car up-to-date so you can avoid costly repairs

* checking your rate won’t affect your credit score

Get ahead of my car maintenance

* checking your rate won’t affect your credit score

What is comparative negligence?

Comparative negligence is a legal principle that allows you or any other party involved in an accident to collect damage costs proportional to how at fault you are considered to be. If you have an

accident without insurance at fault

, then here's how it could play out.

If you are determined to be 20% at fault for an accident, you can be compensated for 80% of the cost of damages. If you’re 80% at fault, you may be entitled to compensation for 20% of the damages.

Comparative negligence is relevant for many different injury and accident settlements, and traffic accidents are no exception.

After a car accident, you can file a claim to the other party's insurance company for compensation proportional to how much blame you are assessed. Depending on your state’s comparative negligence model, the other party could then do the same with your provider. While you can't really negotiate with automobile insurance adjusters, you can collect and provide evidence to help your case.

MORE: The dos and don't of filing a car accident claim report

Comparative negligence vs Contributory negligence

There are 3 main models that states follow when it comes to comparative negligence, all of which vary significantly.

In a pure comparative negligence model, the amount you can claim is proportionate to your fault. If you are 40% at fault, you can claim 60% in damages.

In a modified comparative negligence model, the amount you can claim is proportionate to your fault, unless you are the most at fault (usually 50% or more) for the accident. If that is the case, you are not entitled to compensation.

In a contributory negligence model, you are not entitled to compensation if you are even slightly at fault for an accident.

Like most states, Georgia follows the modified contributory negligence model. You’re entitled to compensation if you played a minor role in the accident, but not if you are determined to be the most at fault.

What is Georgia’s comparative negligence law?

Since Georgia uses the modified comparative negligence model, the rules can sometimes seem a little tricky. You can recover damages proportional to your fault, but only if your amount of fault does not equal or exceed the other parties.

In accidents that only involve two parties, this just means you have to be 49% or less at fault to receive compensation.

Let’s say that you are determined to be 25% at fault for an accident, and the other party 75%. You’ll have to shoulder 25% of the cost, and you can file a claim for the other 75% of the cost of damages.

Since the other party’s fault exceeds yours, they are not entitled to compensation for the cost of the damages. If they were in a state with a pure comparative negligence model, they would be entitled.

What happens if there are more than two responsible parties

If there are three or more parties at fault, things get slightly more complicated.

Georgia car insurance laws

state that you can receive compensation if your fault does not exceed the fault of all other parties combined.

So if you are found 40% at fault, and two other parties are each found 30% at fault, you can still receive compensation. That’s because the combined fault of all other parties is 60%, more than yours.

MORE:

DUI laws Georgia

How is fault decided in comparative negligence cases

When assessing fault for an accident, car insurance companies will mostly look at police reports as well as evidence such as:

The types of vehicles involved

The time and weather when the incident occurred

Witness accounts

Maps of the area

Medical records

Most car insurance companies have an algorithm that they will use to determine fault. If you are confident that you are not at fault, or at least not a lot, you should submit as much evidence as possible.

How does car insurance work with comparative negligence?

Since Georgia bases its rules on the modified comparative negligence model, things are relatively simple in a two-party accident. If you are 49% or less at fault, you can file a claim with the other party’s insurance and receive compensation proportionate to your fault.

For a concrete example, let's say that an accident occurs when both you and another party are driving while distracted, however, the other party is also speeding. You might be assigned 45% blame, while they are assigned 55%.

In this case, you’ll be able to file a claim with the other party’s insurance that will cover 55% of the cost of damages. If the total damage was $1000, you’ll receive $550 from their insurance company.

However, the party that was 55% at fault will receive no compensation, since their fault exceeds yours.

MORE: Everything you need to know about hit-and-run car accident claims

How to find affordable car insurance

Knowing the ins and outs of your state’s traffic laws is a great way to keep both you and your car safe, but having an insurance plan you're comfortable with is just as important. If you’re paying too much for insurance or haven’t revisited your plan in a while, Jerry can help.

Jerry

is a car insurance comparison app that you can sign up for in just seconds. The app will show you several

car insurance quotes online

from 50+ of the top providers in the country. If you find a plan you like, Jerry’s experienced team of agents will help you switch over.

The best part is the average Jerry user saves over $800 per year!

“
Jerry
is a great product with great customer service! The quote comparison found me lots of options being in Georgia.” —Gregory K.

RECOMMENDED

Thousands of customers saved on average $887/year on their car insurance with Jerry

This app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍

Gabriella R.

Find insurance savings

4.7/5 Rating on App Store

Will my insurance go up if I’m at fault in an accident?

Yes. Car insurance premiums increase an average of 34% per year after an accident. How much

your premium increases

will depend on several factors including your insurance company, the severity of the accident, and your age.

Estimate your repair costs for free with GarageGuard™

Simplify your car maintenance with Jerry.

Try GarageGuard™