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Jason R. Schultz P.C

Claims Process for Multi-Party Liability in an Auto Accident


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11/22/2013
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Sometimes an accident is caused by more than one party. No matter what the scenario, it’s important to understand the claims process when there is multi-party liability in a collision.

How does the claims process work when multiple parties are liable?

The insurance company responsible for paying a claim is the one whose insured was at fault. So, if more than one person was liable, an injured driver may file a separate claim with each insurer. The amount paid by each one depends on the degree of fault of the policyholder.

Once the insurance companies have been notified about the accident, it is their job to figure out who is responsible for coverage. For instance, let’s say there was a three-car crash and one of the drivers was most at fault for it. Your damages total $35,000.

But the driver most at-fault only has the minimum coverage required in Georgia, which is $25,000 for one person injured in an accident. That driver’s insurer may pay up to the limits of the policy. You may be able to collect the remaining $10,000 from the third driver’s insurance company.

Appropriately Filing a Personal Injury Claim

If you decide to pursue a personal injury lawsuit, you may only have to file one suit. Even filing just one suit might require help from an attorney to ensure you complete the appropriate steps in the correct order to secure your fair compensation.

Because Georgia uses modified comparative negligence laws, if your percentage of fault was more than 50 percent you may not be able to recover any monies. Many drivers feel this is unfair and so consult with a car accident attorney to find out if they can challenge this determination.

Understanding liability of all parties in an auto accident and how it can impact the claims process depends on whether someone files directly with the insurance companies or pursues legal action. It may be in the person’s best interest to first seek advice from an attorney. Jason R. Schultz can help. Call (404) 474-0804. 



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