When someone else is driving your car and gets into an accident in Georgia, things can get messy fast. You’ll be wondering who’s at fault, how your auto insurance policy works, and what to do next. As the car owner, you need to know your rights and responsibilities to be protected.
In this blog, we’ll go over what happens when someone else is driving your car and gets into an accident in Georgia, including liability, insurance, and how an experienced Atlanta car accident attorney can help you navigate the legal and insurance process.
Liability and Insurance Coverage
When someone else is driving your car and gets into an accident, you need to understand the responsibilities and limitations imposed by your car insurance company regarding liability and insurance coverage.
Georgia’s At-Fault System
In Georgia, the at-fault system determines who is responsible for an accident. If someone else is driving your car and gets into an accident, liability may fall on the at-fault driver or the car owner depending on the situation. The insurance company will investigate to determine the fault. If the driver is at fault their insurance should cover damages. But if the driver has no coverage you may need to use your own policy.
When someone else is driving, you need to know how this affects your liability. As the car owner you could be held responsible for damages caused by the driver if they were using your car with your permission. This can complicate claims and you may have to work with both your insurance company and the at-fault driver’s insurance company.
Car Owner’s Insurance Policy
Your policy will have liability coverage which is important in these situations. Collision coverage helps cover repairs to your vehicle during an accident, regardless of who is at fault. This coverage protects you from financial loss if someone else causes an accident while driving your car. If the damages exceed the at-fault driver’s coverage limits your policy may kick in and provide additional support. This is where secondary insurance comes in to cover the remaining expenses.
Filing a claim is key. You’ll need to contact your own insurance company to report the accident. And you’ll also need to file a claim with the at-fault driver’s insurance company. This can be easy but make sure you have all the necessary documentation such as the accident report and medical bills.
How Car Insurance Works in Georgia
In Georgia, car insurance is a mandatory requirement for all vehicle owners. The state mandates that drivers carry a minimum amount of liability coverage, which includes $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury liability coverage per accident, and $25,000 in property damage liability coverage. This ensures that if an accident occurs, there is a basic level of financial protection in place.
Car insurance policies in Georgia typically follow the car, not the driver. This means that the vehicle’s insurance policy is usually the primary source of coverage in the event of an accident. So, if someone else is driving your car and gets into an accident, your car insurance policy will generally be the first to cover the damages. Understanding this aspect of your insurance policy is crucial to ensure you are adequately protected.
Primary vs. Secondary Insurance: Who Pays First?
When a car accident occurs, the primary insurance policy is typically the one that covers the vehicle involved. This primary insurance policy will pay for damages and injuries up to the policy limits. If the damages exceed these limits, a secondary insurance policy may come into play to provide additional coverage.
For instance, if someone else is driving your car and gets into an accident, your car insurance policy will usually act as the primary source of coverage. If the damages exceed your policy limits, the driver’s insurance policy may provide secondary coverage. This secondary insurance can help cover any remaining expenses that your primary insurance does not.
It’s essential to understand the terms of your insurance policy and how primary and secondary insurance work to ensure you have adequate coverage in the event of an accident. Keep in mind that if the person driving your car is at fault, your insurance company may not cover damages if the driver was reckless or intentionally caused the accident. In such cases, the driver may be held liable for the damages and injuries caused by their actions.
Filing a Claim and Legal Options
Filing a claim after an accident involves several steps. First gather all the information, the accident report, witness statements, and photos of the scene. Then contact both insurance companies to start the claims process. Be prepared to give details about the accident and damages.
Working with an at-fault driver’s insurance company can be tough. They’ll try to shift the blame which can complicate your claim. If negotiations don’t produce a fair settlement, personal injury lawsuits may be an option. Talking to an experienced attorney can help you navigate this process and protect your rights.
Determining Fault When Someone Else is Driving Your Car
Determining fault after an accident is important and the police report is key.
Police Report
The police report is key in determining fault after an accident. This document is an official account of what happened. It includes important details such as contributing factors, witness statements, and a diagram of the accident scene. These help to clarify what happened and who is at fault. Insurance companies use this report to make decisions on claims.
Correcting Errors in the Report
Mistakes can be in the police report and impact liability. If you see errors you need to address them quickly. An experienced attorney can help you correct these errors. They can work with law enforcement to make sure the report accurately reflects the accident. This is important for your insurance claim and any legal action.
Legal Requirements and Reporting
Knowing your legal requirements and reporting in Georgia is important to comply with state law after an accident.
Reporting in Georgia
In Georgia, there are rules when an accident occurs. If there are injuries, fatalities, or significant property damage you must report the incident. If you don’t you can get in trouble. You need to know these requirements to protect yourself and comply with state law.
Get a Police Report
After an accident get a police report. You can use the GDOT Crash Data Dashboard to get information about your incident. And contact local law enforcement to get an official police report. This document is key in the claims process as it’s an unbiased account of the accident which will help determine fault and support your case.
Rights and Options for the Vehicle Owner
As a vehicle owner if someone else is driving your vehicle and gets into an accident you need to know your rights and options.
Compensation
If someone else is driving your car and gets into an accident you have rights. You can get compensation for damages and medical bills from the incident. This starts with an investigation. Gather witness statements and physical evidence that will support your claim. These are important to determine who is at fault and how much you can get.
Talk to an Experienced Attorney
If you find yourself in this situation talk to an experienced attorney. An attorney will guide you through the legal process. They will help you understand your rights and the compensation process. With their expertise, you can deal with insurance companies and protect your interests. Having an attorney will make a big difference in your case.
Medical Payments and Compensation
Medical payments and compensation are important after an accident especially if someone else is driving your vehicle.
What is MedPay?
Medical Payments (MedPay) is a part of auto insurance in Georgia. This type of coverage pays for medical bills from an accident regardless of who is at fault. If someone else is driving your car and gets into an accident MedPay will cover medical bills for the driver and passengers in your vehicle. This is good because it gives you immediate financial relief for medical bills so you can focus on getting better.
Claim for Medical Bills
Filing a claim for medical bills is easy. Start by contacting the at-fault driver’s insurance company to report the accident. Give them all the necessary documents including medical bills and any accident reports. Also, keep track of lost wages and other damages from the accident. This will help you get the most out of your medical bill compensation and other related expenses. If you encounter any problems during this process talk to an experienced attorney who can help you file a claim.
Contact an Experienced Atlanta Car Accident Lawyer ASAP!
If you or someone you know has been involved in an accident while someone else was driving your car, don’t navigate the complex legal and insurance issues alone. Our team at Buddoo & Associates is here to help you understand your rights, guide you through the claims process, and fight for the compensation you deserve.
Contact us at 404-870-3557 for a free claim review today!
