At any given time, there are several laws that can potentially govern a situation. For example, if someone is in Atlanta, they will be governed by any laws and regulations that govern the city of Atlanta, but also the state laws of Georgia and the federal laws of the United States. An individual may also be subject to specific laws based on their conduct, such as traffic laws if they are driving. The rules around what laws apply in which situations can get pretty complicated, and your skilled Georgia personal injury attorney can help you figure out what laws apply in your situation.
The Supremacy Clause
The United States Constitution contains a provision known as the “supremacy clause.” This clause states that when federal law conflicts with state or municipal laws, federal law controls. There are certain areas of the law that are usually left to the states to govern. Generally, when there is a car accident, state law will control. Part of the case law around the supremacy clause states that when it is an area that is typically governed by state law, any federal law that Congress passes on that topic will not supersede state law unless it was clearly intended to. Insurance is one of those areas where this applies. Thus, any federal law regarding insurance will only preempt state law when Congress has required the preemption.