Car accident law is an area of law under the broader category of personal injury law. Under Personal Injury Protection Act (PIPA) of 1994, most insurance companies, including automobile insurers, are not allowed to issue policies with policies which include specific limits on damage to the motor vehicle. The law goes a step further than other tort acts, however, and defines car accidents as situations in which “the whole or any substantial part of a person’s body was killed, was permanently disfigured, or resulted in a permanent disability or incapacity.”
Generally, when the plaintiff fails to prove each of these elements of damage, the court decides that the injury is not a “wound, mutilation, or loss of function” of the body and therefore cannot be included under the statute. However, an insurance company does not have to pay out all the money in a case where it is difficult to prove the body injury, whether or not the plaintiff could have established that each of the elements of damage had occurred. The defendant may still be liable for any damage the plaintiff may have suffered in the accident or any pain and suffering caused by the accident, and that’s why the use of lawyers from sites as Valiente Mott can be also really helpful in these cases.
This article will review the general rules of personal injury protection law in Georgia in order to determine the applicable rules of law to this particular situation. As it relates to accident liability in Georgia, the law requires that an accident happen in some place where it can be easily discovered. The place need not be a particular location, but the place must be observable or noticeable to the public and/or to those persons who are in the public’s line of sight at the time of the accident.
Since this article is on the legal rules of injury law for personal injury cases in Georgia, it will consider only personal injury claims. However, this article is not limited to that area.
Personal Injury Injury Claims
A plaintiff must establish liability, or at least that there was a policyholders cause of action, and have evidence of actual damages to prove his case in order to bring a lawsuit for personal injury. In order for a person to be found liable for a personal injury claim, he must prove each of the elements of injury in his case. However, there is one exception to the “two accident” rule.
An accident can occur if a pedestrian or any other vehicle is hit by another vehicle. In the case of a pedestrian, evidence of actual damages is necessary. If a pedestrian is injured as a result of a pedestrian accident, the minimum amount of damages is $500.
In the case of a vehicle, there is no minimum amount of damages that must be proven for an accident to occur. A vehicle accident occurs if a person’s vehicle hits another person’s vehicle or another vehicle. No actual damages are required for the vehicle accident. An accident occurs, even if no one is injured, when an accident does occur and a plaintiff proves that:
The plaintiff’s car was driven while it was on the roadway;
The driver of the vehicle that hit the plaintiff’s car did so with an intentional and willful disregard of the rights or safety of other persons; and
The defendant failed to use reasonable care for the protection of other persons.
Assume for the moment that the above statement were true. One would not be able to bring a case for personal injury to a car accident because the car involved in the accident was being driven by a pedestrian.