Who pays after a crash in Georgia
Georgia had a no fault law at one time, but it was repealed in 1991. Today the driver who causes a crash is generally responsible for the injuries and damage. You can make a claim against that driver's insurance or file a lawsuit.
Georgia drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage (O.C.G.A. § 33-7-11).
Reporting a crash
The driver of a vehicle in a crash that injures or kills someone must report it immediately, by the quickest means possible. The same duty applies when property damage appears to reach the amount set in the law (O.C.G.A. § 40-6-273).
Inside a city, you report to the local police department. Outside a city, you report to the county sheriff or the nearest Georgia State Patrol office (O.C.G.A. § 40-6-273).
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
How long you have to file
In Georgia, a lawsuit for an injury to the person generally has to be filed within two years after the right of action accrues (O.C.G.A. § 9-3-33). For most car crashes, that usually means two years from the day of the crash.
Some situations change the timeline, and claims against the government have earlier notice deadlines. It's smart to check your dates early.
If you were partly at fault
Georgia uses modified comparative fault. If you're partly at fault, your recovery is reduced by your percentage of fault (O.C.G.A. § 51-12-33).
There's a hard line at 50 percent. If you're found 50 percent or more responsible, you can't recover any damages (O.C.G.A. § 51-12-33). That's why the details of who did what matter so much in Georgia.
Ante litem notices for government claims
- A city: you generally must give written notice within six months of the crash. It goes to the city's governing authority and must be served on the mayor or the chair of the city council or commission (O.C.G.A. § 36-33-5).
- A city notice must include the time and place of the injury, how bad it was, the negligence that caused it, and the specific amount you're asking for (O.C.G.A. § 36-33-5).
- A county: claims generally must be presented within 12 months after they accrue, or they're barred (O.C.G.A. § 36-11-1).
- The state or a state agency: written notice is generally due within 12 months of when the loss was discovered or should have been. It goes to the Risk Management Division of the Department of Administrative Services, with a copy to the agency involved (O.C.G.A. § 50-21-26).
- You usually can't sue the state until your claim is denied or 90 days pass without action (O.C.G.A. § 50-21-26).
Uninsured motorist coverage in Georgia
In Georgia, a car insurance policy generally includes uninsured motorist coverage unless a named insured rejects it in writing (O.C.G.A. § 33-7-11). This coverage can help when the at fault driver has no insurance or not enough.
Your declarations page shows what coverage you have and whether you chose a different type of uninsured motorist coverage.