When you get into a car accident, it can be confusing to navigate through the process of filing a claim for your property damage or personal injuries that you received during the accident. If you’ve had to go to the hospital or go through painful and expensive physical therapy or specialist appointments after the accident, then those bills may be starting to show up in your mailbox, waiting to be paid.
But are your medical bills paid for by your auto 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 injury to two or more people, and $25,000 for property damage. However, it does not require drivers to purchase uninsured/underinsured coverage or personal injury protection coverage, which is an additional expense on your monthly insurance premiums. An additional personal injury protection on your coverage can be used to cover out-of-pocket expenses, co-pays, or medical deductibles that will pop up while you’re receiving treatment for your injuries. Your insurance company will pay for this no matter whose fault the accident was. However, if you don’t have that additional protection then you may have to pay those expenses out of pocket.
What 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 responsible for the accident cannot sue the other party for damages.
So, if the other driver was found to be at fault in the accident, their insurance company would be responsible for paying for your medical bills. This amount may depend, of course, and this is often 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 battle behind the scenes to come to an agreement on who will pay for what.
If, however, the other driver who was responsible for the car accident does not have auto insurance, then it can get a bit more complicated. You may be able to get compensation from your own insurance company if you have uninsured motorist coverage on your insurance, which protects you from an at-fault driver who doesn’t have insurance. Additionally, it protects you from hit and run drivers.
If you’ve been involved in a car accident in Georgia that resulted in injuries, you should contact a legal team who is going to be there with you every step of the way to help you collect any money owed for medical debts or pain and suffering. Call the Fry Law team today at 404-969-1284 to set up a legal consultation.