This web page: https://pcfmoney.com/georgia-car-accident-loans/ presents some information about Georgia car accident laws in relation to car accident loans. A car accident loan is a form of financial assistance that typically arises whenever an individual involved in a personal injury lawsuit, seeks legal funding in order to claim compulsory damages resulting from a car crash incident.
In Georgia, a lawsuit lending company approves and grants the loan based on the anticipated settlement that a court will award; but only after it has been proven that the other driver was at fault and had caused the collision as a result of negligence or wrongdoing. Moreover, a lawsuit loan differs from a traditional loan because payment of the cash advance will be taken from the proceeds of lawsuit judgement.
In the event that a plaintiff does not receive the anticipated settlement, he or she is not required to reimburse the lawsuit loan company for the cash previously advanced as lawsuit funding.
A lawsuit funding is a necessity in a state like Georgia where a personal injury lawsuit has to follow the Fault Rule when filing a case directly against the other driver. The purpose of which is to make the allegedly at-fault driver pay for economic and non-economic damages, and in some cases, punitive damages caused by the car crash.
What Exactly is the Application of the Fault Rule in Relation to Auto Insurance Claims?
States in America are either a Fault or No-Fault state when it comes to filing for insurance claims and compulsory damages. Georgia for one follows the Fault Rule, which allows a driver to file a direct lawsuit to the other driver; to claim compensation for bodily and property damages sustained as results of a motor vehicle collision.
The filing of the claim is regardless of the severity of the damage and/or injury sustained by that other driver; especially if there is clear proof of negligent or careless behavior such as “Driving Under the Influence (DUI).” In such cases, the alleged DUI driver can be compelled by law to pay economic, non-economic, exemplary and/or punitive damages if it is proven in court that he or she was driving under the influence of an intoxicating substance.
Under the Fault Ruling, a car insurance company will be obligated to pay economic damages like medical and hospitalization bills, or non-economic damages like loss of income and other lost financial opportunities, only if there is strong and clear evidence that the driver being sued is at fault.
Yet this is also subject to the condition that the plaintiff’s level of fault in causing the car crash, is in no way equal or more than the level of fault pinned on the driver being blamed for the crash. In which case, the amount of compensation received can be affected by the level of fault attributed to the plaintiff as cause of the car crash.
In contrast to a No-Fault state like Florida, individuals who encountered motor vehicle mishaps while in Georgia, can directly pursue a claim for full redress and compensation against a driver accused of being at-fault for the collision. That stands opposed to the No Fault Rule, which allows the claiming of damages via lawsuit, only if the cost of damages exceeds the insurance coverage and liability protection of the vehicle.