Georgia law

Hurt in a crash in Georgia? See if you have a claim.

You generally have two years, and you can recover if you were less than 50% at fault. Check your claim in about 60 seconds. It's free, with no obligation.

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What kind of accident were you in?

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Georgia car accident claims

The short answer

Georgia uses a fault system, so the driver who caused a crash is generally responsible for the harm. You usually have two years to file an injury lawsuit (O.C.G.A. § 9-3-33). If you're found 50 percent or more at fault, you can't recover, and below that, your amount is reduced by your share (O.C.G.A. § 51-12-33). Claims against a city, county or the state need a written notice, sometimes within six months.

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Georgia had a no fault law at one time, but it was repealed in 1991.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. 1

    An injury

    You were hurt, even if it didn't seem serious at first.

  2. 2

    Someone else at fault

    Another driver or company caused the crash.

  3. 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.

How it works

  1. 1

    Answer a few questions

    Tell us what happened. It takes about a minute.

  2. 2

    A local attorney's office calls you

    If it looks like you might have a claim, we match you with one participating attorney near you, and their office gives you a quick call.

  3. 3

    They explain your options for free

    No upfront attorney's fees, and they're only paid if you recover.

Common questions

Is Georgia a no fault state?

No. Georgia repealed its no fault law in 1991. The driver who caused the crash is generally responsible, and you can claim against their insurance.

What happens if I was 50 percent at fault in Georgia?

Under Georgia law, you can't recover damages if you're found 50 percent or more responsible. Below 50 percent, your recovery is reduced by your share (O.C.G.A. § 51-12-33).

What is an ante litem notice?

It's a written notice you must give before suing a Georgia city, county or state agency. The deadline can be as short as six months for a city (O.C.G.A. § 36-33-5). It's free to check your claim, and you don't have to go ahead.

Related guides

Last reviewed October 2026. This is general information, not legal advice. Every case is different.

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