Establishing fault and filing a claim in a two-car crash are obviously more straightforward than when multiple parties are involved. Knowing the role of all insurance companies involved in the claims process can help make navigating this type of claim much easier.
Role of Insurance When an Accident Involves Multiple Party Negligence
Georgia follows the comparative fault system when it comes to determining which party (or its insurance company) is responsible for damages. This means that the determination of which insurance company is responsible for paying the damages hinges on which party was at fault in the accident. This determination can become a bit more complicated when several parties are responsible.
Georgia's comparative fault system may also influence who is responsible for what portion of damages. A claimant's damages are reduced by his or her percentage of fault, and the remaining sum is paid by the other parties based on their degrees of fault. If a claimant's fault is 50 percent or more, he or she cannot recover damages.
Although you should contact your own insurance company after an accident, if others were responsible for the crash, you would typically file a claim with the other parties' insurance companies. Sometimes it’s possible to file a claim with your own insurance company depending on your coverage (such as if you have medical benefits or collision coverage) and then it will seek reimbursement from the at-fault drivers’ insurers.
What usually happens, though, is the claim is filed with the at-fault parties’ insurance companies. You must present evidence that proves their policyholders were at fault for the crash. However, expect the other parties' insurance companies to do whatever they can to avoid liability, or at least reduce it.
Sometimes dealing with other parties in an auto accident can be challenging, especially when multiple parties are involved. It can be difficult to understand who is responsible to pay what. Talk to Jason R. Schultz for legal help establishing fault and damages: (404) 474-0804.