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Home of the famous Masters Golf Tournament, Peaches, Bulldogs, and some of the countries most serene and beautiful beaches, snowbirds love to flock to Georgia.
Georgia Tourism Information
However, driving for long distances always increases someones risk of getting into a serious car accident. If it happens in a different country, state or province it can quickly become overwhelming. When that happens, it can be difficult to know what your next steps are.
Georgia law dictates the Tort legal process for seeking compensation. It is one of 12 states which abides by a “Modified Comparative Fault” rule. If a driver is found to be more than 50% responsible for the accident, they may not sue the other party for damages. This provision has no effect on passengers who are rarely at fault for an accident. The state has no joint liability but rather several. Damages are apportioned to the various persons liable and they are only responsible for their respective portion. Lastly actions must be commenced within 2 years from the time of your accident.
Additional Challenges:
The rules are different for ante litem notices.
The ante litem deadline for cities is 6 months. For the State and counties, it is 1 year.
The city ante litem statute has specific information that must be included in the notices. The State Tort Claims Act has similar requirements for what information should be included, but the information that has to be included is different. Both ante litem statutes for cities and the State say where the notices must be sent.
Counties? It isn’t even a true ante litem statute because the lawsuit itself can satisfy the statute (which is more appropriately known as a presentment requirement rather than an ante litem requirement). And there is zero information in the County statute about where to send the notice or what information should be included.
In addition, the rules are different for each level of government regarding when sovereign immunity is waived and to what extent.
The State waives sovereign immunity as set forth in the State Tort Claims Act, and then it is for $1 million per person/$3 million per occurrence. Cities waive sovereign immunity to the extent that they have purchased insurance that covers the claim. For counties, the purchase of insurance does not waive sovereign immunity (but see next paragraph).
There are separate rules for motor vehicle claims involving cities and counties. There is a statutory automatic waiver of $500K per occurrence/$700K per claim, but the purchase of insurance at a higher amount waives the immunity up to that higher amount. The local governmental entity can also adopt a higher waiver by resolution or ordinance.
In short, handling government liability claims in Georgia involves knowing and applying a tangled mess of inconsistent, illogical laws.
A competing consideration, is where you purchased your personal car policy. For example, if you purchased your car policy in Ontario, Canada, most if not all of your contractual claims such as accident benefits, underinsured and uninsured motorist protections, reside there. Since Georgia has low state car insurance liability limits – $25,000, there is a distinct possibility you will have to claim against your own Ontario car insurer to make sure you are fairly compensated.
Two sets of rights: Tort and Contract
Two countries: USA and Canada
Two jurisdictions: Georgia and Ontario (as an illustration)
All to ensure you are fairly and properly compensated.
This is where Snowbird Accidents comes in. Since 1981, we have been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand it is not only the injured party that may require assistance, but as often loved ones. By giving us a call, we can help put you in touch with some of the best personal injury attorneys in Georgia and/or Canada, as well as help guide you through very confusing contract and tort insurance issues.
+1 800-587-6992
