Understanding Comparative Negligence in Georgia
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes explains Georgia’s modified comparative negligence law, which affects how fault is determined in personal injury
The Uninsured Dilemma — Legal Options After A Wreck
Peachtree Injury Talk with Jordan Jewkes
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The Uninsured Dilemma — Legal Options After A Wreck
In a recent episode of Peachtree Injury Talk, host Kevin Rosenquist engages with attorney Jordan Jewkes to discuss the landscape of uninsured and underinsured motorists in Georgia. Jordan elaborates on the concept of uninsured motorist (UM) coverage, stressing its critical role in shielding drivers from financial hardship stemming from insufficient insurance held by negligent drivers. Given that Georgia’s minimum auto insurance requirement is merely $25,000, Jordan underscores the inherent risks and advocates for drivers to contemplate acquiring additional coverage to adequately protect against severe injuries. Tune in to gain insights into enhancing your road safety and becoming well-versed in your insurance choices.
| 00:00 | Narrator: Welcome to Peachtree Injury Talk with attorney Jordan Jewkes. |
| 00:05 | Kevin Rosenquist: Welcome to Peachtree Injury Talk with experienced attorney Jordan Jewkes. Thanks for being here. My name is Kevin Rosenquist, and I am your host. Today, we're going to talk about uninsured and underinsured motorists in Georgia. Hey Jordan, how are you doing? |
| 00:20 | Jordan Jewkes: Hey Kevin, I'm doing really well. Thanks for having me back. |
| 00:23 | Kevin Rosenquist: Absolutely. It's good to see you. Can you explain the current state of uninsured and underinsured motorists in Georgia? |
| 00:30 | Jordan Jewkes: Yeah, that’s a great question. So first, let me explain what uninsured motorist coverage is. It may sound like a mouthful, but it’s actually pretty simple. It’s coverage you can buy through your own auto insurance policy to protect yourself in case the person who causes an accident either doesn’t have any insurance or doesn’t have enough to cover your damages—like medical bills, lost wages, or pain and suffering. To give it some context, in Georgia, the legal minimum amount of liability insurance you’re required to carry is $25,000. But not everyone actually buys insurance—even though they’re supposed to. Uninsured motorist coverage allows you to protect yourself beyond what the other driver may—or may not—have. If you’re seriously injured in a wreck, $25,000 doesn’t go very far. |
| 01:40 | Kevin Rosenquist: Yeah, $25,000 in a serious accident is barely going to touch the surface. |
| 01:46 | Jordan Jewkes: Exactly. One of the golden rules of insurance is: you can never have too much. That goes for your personal, home, business, and definitely your uninsured motorist coverage. If you’re not sure what to buy, err on the side of more. It’s the best way to protect yourself as a driver. |
| 02:08 | Kevin Rosenquist: Obviously, not everyone follows the law. What are some reasons people end up without uninsured or underinsured motorist coverage? |
| 02:20 | Jordan Jewkes: The number one reason is money. Insurance costs money, and not everyone has it. Sometimes people forget to pay their premium, maybe they’ve got an emergency that month, and their policy gets canceled. They might have even intended to pay but didn’t get around to it in time. Unfortunately, if they then cause a wreck, they’re uninsured—even if they didn’t realize their policy had lapsed. And you’d be surprised how often that happens. We have clients who were injured, went to the ER, and then we dig into the case and find out the other driver’s policy was canceled a week before the wreck. That means there’s no insurance to cover the damages. |
| 03:25 | Kevin Rosenquist: Yeah, that’s a tough situation. We’ve talked before about Georgia being a fault state. How does that impact these types of claims? |
| 03:33 | Jordan Jewkes: Great question. In Georgia, we operate under an at-fault system. That means the driver who is at fault is responsible for compensating the injured party—whether it’s medical bills, pain and suffering, or lost wages. But if that at-fault driver has little or no insurance, the only way for you to recover fully is through your own uninsured motorist policy. That’s why it’s so important to carry enough of it. You’re protecting yourself from people who are either irresponsible or simply can’t afford coverage. |
| 04:21 | Kevin Rosenquist: What options does a victim have for seeking compensation after an accident with an uninsured or underinsured driver? |
| 04:29 | Jordan Jewkes: First and foremost, report the accident to your own insurance company. Most policies—and Georgia law—require you to do that within a “reasonable” amount of time. That’s the first step in triggering your uninsured motorist coverage. Some people hesitate to report it because they’re worried about their rates going up, or they trust the at-fault driver’s insurance will take care of it. But nine times out of ten, it doesn’t work out that way. So, notify your insurer, even if you’re unsure whether you’ll file a claim. And it’s best to contact a trusted personal injury attorney who can guide you through the process. |
| 05:31 | Kevin Rosenquist: What are some of the biggest challenges in dealing with an uninsured or underinsured driver? |
| 05:38 | Jordan Jewkes: The biggest challenge is that you're largely on your own. If the at-fault driver doesn’t have insurance, and you don’t have sufficient coverage yourself, it’s very difficult to get the care or compensation you need—especially if you don’t have good health insurance or access to treatment. That’s why I tell everyone: assume that the person who hits you has no insurance. Protect yourself. Match your uninsured motorist coverage to your liability limits. If you carry $100,000 in liability coverage, carry $100,000 in UM coverage too. Also, get a good health insurance policy. It can be a lifesaver when the at-fault driver can’t pay for your care. |
| 07:10 | Kevin Rosenquist: Yeah, and people may think, “Well, if it’s not my fault, I’ll sue the other driver.” But if they don’t have money or assets, that’s a dead end. |
| 07:23 | Jordan Jewkes: Exactly. People ask me all the time if they can sue the other driver. You can—but if that person doesn’t have assets, it’s not going to help. Someone who can’t afford a $25,000 policy likely doesn’t have a house, savings, or anything else a court could seize. And in most of those cases, they’ll just declare bankruptcy. That wipes out your lawsuit and you’re left with nothing. |
| 08:35 | Kevin Rosenquist: Yeah, that’s definitely something people don’t consider when they’re shopping for insurance. They’re just looking for the cheapest rate. |
| 08:44 | Jordan Jewkes: Right—and a lot of agents will try to help people lower that monthly bill. Often, the first thing they suggest cutting is the uninsured motorist coverage. And that’s a huge mistake. You’ll hear, “Do I really need that?” The answer is: yes, you do. It’s the cheapest coverage you can buy dollar-for-dollar. If your liability policy is $100 a month, UM might only be $3–$5 more. The protection it gives you is worth so much more than the savings you might see by removing it. |
| 09:35 | Kevin Rosenquist: Every time we talk, I feel like I need to check my policy again. |
| 09:38 | Jordan Jewkes: Yeah, sorry about that! But seriously, talk to your agent at least once or twice a year. Life changes—your insurance should too. |
| 09:50 | Kevin Rosenquist: Do you have a real-life case example you could share? |
| 09:56 | Jordan Jewkes: I could give you five off the top of my head. It’s that common. We’ll get a client who was hit by another driver, they’ve seen a chiropractor or been to the ER, and now they’re being referred to an orthopedist or a spine specialist. They get an MRI, maybe need physical therapy or injections, and possibly even surgery. If the at-fault driver only has $25,000 in coverage, that’s nowhere near enough to cover those expenses. But if our client wisely purchased $50,000 or $100,000 in uninsured motorist coverage, then we can go after both policies—the at-fault driver's $25K and our client’s UM policy on top of that. That extra protection can make a huge difference. |
| 11:46 | Kevin Rosenquist: Earlier you mentioned rate increases. Is that something people should be worried about when filing a claim? |
| 11:59 | Jordan Jewkes: It’s a valid concern. People worry, “If I make a claim, my rates will go up.” But here’s the thing: in Georgia, the law says insurance companies cannot raise your rates for making a no-fault claim. So, if you were rear-ended and had no responsibility, and you need to file an uninsured motorist claim, they can’t penalize you with a rate hike for that. |
| 12:58 | Kevin Rosenquist: That’s good to know. I don’t think a lot of people realize that. |
| 12:59 | Jordan Jewkes: Right. The flip side is, insurance companies raise rates all the time—for any reason. Wildfires in California? They’ll raise your rates in Georgia. A rough hurricane season? Same thing. So, rates may go up anyway—but they’re not supposed to go up because you made a no-fault UM claim. |
| 13:44 | Kevin Rosenquist: What steps should drivers take to make sure they have enough coverage? |
| 13:48 | Jordan Jewkes: Review your policy. Talk to your agent. Make sure your uninsured motorist coverage matches your liability limits. And here’s something really important: there are two types of UM coverage—reduced-by and stacked (or excess) coverage. If you have reduced-by coverage and the other driver has $25,000 and you also have $25,000 in UM, it’s reduced to zero—you get nothing extra. But if you have stacked coverage, you can add it on top. So you’d have $50,000 total. It’s a small difference in cost, but it makes a huge difference in coverage. Always go with excess or stacked UM if possible. |
| 16:00 | Kevin Rosenquist: Are uninsured and underinsured motorist coverages typically bundled together? |
| 16:04 | Jordan Jewkes: Yes, for most people there’s no practical difference. They’re generally treated the same. But remember, liability coverage is required in Georgia; uninsured motorist coverage is optional. That’s why it’s so important to choose the right policy—and the right type of coverage—when you’re signing up. |
| 16:43 | Kevin Rosenquist: Great advice as always. Well, thanks for joining us here on Peachtree Injury Talk with attorney Jordan Jewkes. If you'd like to connect with Jordan, visit jewkesfirm.com (http://jewkesfirm.com)—that’s J-E-W-K-E-S firm dot com. And of course, don’t forget to like and subscribe. Jordan, always great talking to you—thanks again. |
| 17:03 | Jordan Jewkes: Thanks, Kevin. Appreciate it. |
| 17:05 | Narrator: Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments. |
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Peachtree Injury Talk
Peachtree Injury Talk is a podcast by Kevin Rosenquist featuring legal insights and practical advice from Georgia-based attorney Jordan Jewkes. The show focuses on personal injury law, offering listeners expert guidance on navigating insurance claims, understanding legal processes, and protecting their rights after an accident. Each episode dives into real-life case examples, common challenges injured individuals face, and actionable tips for dealing with insurance companies and legal hurdles.
The Fine Line of Fault — How Comparative Negligence Shapes Your Personal Injury Case
Episode Summary
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes and host Katie Roberts explore the concept of comparative negligence and its impact on personal injury cases in Georgia. Jordan breaks down how fault is assessed, what percentage of liability can mean for a claim, and when it’s worth taking a case to trial. The discussion also covers real-life case examples, the importance of dash cams, and how insurance companies use comparative negligence in negotiations. If you’ve ever wondered how fault is determined in a car accident or what to do after a crash, this episode is a must-listen.
Timestamps
00:00 – Welcome to Peachtree Injury Talk with attorney Jordan Jewkess
00:05 – Introduction to today’s topic: The Fine Line of Faul
t 00:32 – What is comparative negligence?
01:47 – How comparative negligence is used in evaluating personal injury cases
03:23 – Who decides the percentage of fault in a case?
04:33 – Should you take a case to trial if the fault is unclear?
06:22 – Balancing risk and reward when pursuing a case
09:55 – The importance of thorough investigations and gut instincts in legal decisions
10:30 – What should you do immediately after a car accident?
12:41 – Why admitting fault (or even apologizing) can hurt your case
13:09 – Staged accidents: Are they real or just social media hype?
14:47 – Should everyone have a dash cam?
16:04 – How insurance companies use comparative negligence to reduce payouts 17:11 – The impact of comparative negligence on pain and suffering claims
About the Show
Peachtree Injury Talk is hosted by attorney Jordan Jewkes, dedicated to providing injured victims with strong advocacy in a system that often feels stacked against them. Through legal insights and real-world examples, Jordan helps listeners understand their rights and navigate the complexities of personal injury law.
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This show is designed to deliver general information regarding the law. Our guests will not provide tailored legal advice. If you have a personal issue and need legal support, get in touch with us for a free consultation with a Jewkes Firm attorney.
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Welcome to Peachtree Injury Talk—your essential podcast for navigating the often bewildering landscape of personal injury law. In each episode, join Attorney Jordan Jewkes as he unpacks the complexities surrounding your rights in the unfortunate event of an accident.
Through engaging dialogue and expert insights, Jordan demystifies legal jargon. He presents practical, applicable, and relatable scenarios that will resonate with listeners. Whether you’re dealing with the aftermath of a car accident, a slip and fall incident, or any other personal injury matter, Peachtree Injury Talk aims to empower you with the knowledge you need.
Each episode is designed to be accessible and informative. Thus, making it easier for you to understand the steps you should take to protect yourself and your interests. Jordan Jewkes shares real-life cases, common pitfalls to avoid, and tips on securing the compensation you deserve.
Additionally, the podcast fosters a community atmosphere where listeners can feel comfortable asking questions and seeking guidance. This supportive environment is a testament to The Jewkes Firm’s commitment to helping individuals understand their legal options.
So, whether you’re a seasoned listener or tuning in for the first time, prepare to arm yourself with valuable insights that can significantly influence your recovery journey. Tune in to Peachtree Injury Talk. Equip yourself with the vital information needed to navigate your rights confidently and get the support you deserve!