Why Isn’t There a Simple Formula to Determine How You Should Be Compensated For Georgia Car Accidents?
Statistics rule the insurance industry, and yet, there is no clear formula indicating the claim value for injuries incurred in car accidents. Insurers use carefully calculated averages to determine what a typical driver may receive, but in reality, nobody exactly fits the profile of the “average” person. A vast array of factors play into compensation values, as highlighted below:
Georgia’s Fault-Based System
As in many states, Georgia follows a fault-based system, in which the at-fault individual is responsible for both property damage and personal injury. This approach offers the potential for several resolutions:
- The injured person can file a claim with his or her insurance company, which then obtains remuneration from the other driver’s insurer.
- The victim can go directly to the other party’s insurer for compensation.
- The issue can be settled via a personal injury lawsuit.
Insurance adjusters seek to determine what the injured party would receive in a juried trial. Companies put a lot of effort into compiling personal injury statistics, along with negotiated settlements. Through examining this data, adjusters have developed multipliers, which may be combined with special damage awards to determine the full extent of deserved compensation.
The Role of Comparative Fault
Comparative fault makes an already confusing system that much more complicated. In Georgia, the primary victim of an accident may be found partially at fault for the incident, and therefore not entitled to complete damages. For example, if evidence indicates that one driver was impaired but the other also demonstrated reckless behavior behind the wheel, fault may lie with both parties. The upside? You can still secure remuneration if you somehow contributed to the accident — it’s just tricky to predict how much you’ll receive.
Confused about car accident compensation in Georgia? Look to Smith, Wallis and Scott, LLP for assistance.