# Georgia car accident law: deadlines, fault and your claim

> Georgia car accident claims: the 2-year injury deadline, no recovery at 50% fault, ante litem notices for city, county and state claims, and insurance.

Canonical page: https://accidentclaimfacts.com/location/georgia/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Georgia you generally have 2 years from the crash to file an injury lawsuit and 4 years to sue over vehicle damage. Georgia uses modified comparative fault: your damages are cut by your share of fault, and you recover nothing if you were 50% or more responsible. A claim against a government body needs a written ante litem notice first, and for a city it is due within 6 months.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 2 years | O.C.G.A. § 9-3-33 |
| Vehicle damage deadline | 4 years | O.C.G.A. § 9-3-31 |
| Wrongful death deadline | Not confirmed | Ask a licensed Georgia attorney |
| Fault rule | Modified comparative: barred at 50% | O.C.G.A. § 51-12-33(g) |
| Notice to a government body | City 6 months; county or state 12 months | Ante litem notice |
| Minimum liability insurance | $25,000 / $50,000 / $25,000 | Per person / per crash / property |
| Insurance system | At-fault | PIP: Not required |
| Traffic deaths in Georgia, 2024 | 1,403 | IIHS count |
| Lawyer referral | Local bar associations | The State Bar does not refer |

## Filing deadlines in Georgia

Georgia's statute of limitations for "injuries to the person" is 2 years under O.C.G.A. § 9-3-33, and the clock usually starts on the day of the crash. Claims for damage to a car or other personal property have 4 years.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | O.C.G.A. § 9-3-33 |
| Damage to your vehicle or other property | 4 years | O.C.G.A. § 9-3-31 |
| Wrongful death | Not confirmed | Ask a licensed Georgia attorney |
| Claim against a city | Written notice within 6 months | O.C.G.A. § 36-33-5 |
| Claim against a county | Claim presented within 12 months | O.C.G.A. § 36-11-1 |
| Claim against the state | Written notice within 12 months | O.C.G.A. § 50-21-26 |

This guide has not confirmed the wrongful death deadline from the statute text, so it is left open here; a licensed Georgia attorney can tell you how it applies. Minors get extra time: under O.C.G.A. § 9-3-90, a person injured before turning 18 gets the usual time to sue, counted from their 18th birthday. This is a form of tolling.

Government claims have their own short clocks, and sovereign immunity limits them:

1. **City.** Within 6 months of the crash, a written claim goes to the city's governing authority. It must state the specific amount of money damages being sought. The [Atlanta guide](https://accidentclaimfacts.com/location/atlanta/) shows how this works for the City of Atlanta.
2. **County.** Claims against a county must be presented within 12 months, or they are barred.
3. **State.** A claim against a state agency, such as one over a state-owned vehicle, needs, within 12 months, written ante litem notice to the Risk Management Division of the Department of Administrative Services, with a copy to the state agency involved.

> **Warning:** Talks with an insurer do not pause any of these deadlines. A city notice is due long before the two-year lawsuit deadline.

## How fault is shared in Georgia

Under O.C.G.A. § 51-12-33(g), the jury assigns each party a percentage of fault, and your damages are reduced by your share. If your share is 50% or more, you recover nothing. So a 50–50 split means no recovery in Georgia, unlike states where the bar sits above 50%.

> **Example:** You are hit while changing lanes on I-75, and a jury finds you 20% at fault for not checking your mirror. You recover your proven damages minus 20%. Had the jury split fault evenly, you would recover nothing.

Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=ga&fault=20#fault) to see how Georgia compares with other states.

## Insurance in Georgia

Georgia drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Georgia is an at-fault state with no personal injury protection requirement, so the at-fault driver's liability insurer is usually the main source of payment.

- **Uninsured motorist coverage.** It is part of every auto liability policy unless a named insured rejects it in writing. It comes in two kinds: either added on top of the at-fault driver's available liability coverage or reduced by it. The difference matters when the other driver's limits are low. The Insurance Information Institute estimates 19.0% of Georgia drivers were uninsured in 2023.
- **Medical payments coverage.** Optional. It pays medical bills regardless of fault, up to the limit you buy.

Questions about an insurer can go to the Georgia Office of the Commissioner of Insurance and Safety Fire at 1-800-656-2298; (404) 656-2070.

## After a crash in Georgia

If a crash causes injury, death or apparent property damage of $500 or more, drivers must give notice immediately, by the quickest means, to the city police department or, outside a city, to the county sheriff or the nearest State Patrol post.

To get a copy of the police report, buy it online through BuyCrash, or request it from GDOT by mail with GDOT's request form. GDOT charges $5 per copy by mail, plus $2 for a certified copy. If the Georgia State Patrol worked the crash, its reports can also be requested from the Department of Public Safety. The [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains how to read a report and fix errors.

## Special rules in Georgia

**Crime victims get more time.** If the crash is tied to an alleged crime, the deadline for a crime victim's injury claim is paused from the crime until the prosecution ends, for up to 6 years (O.C.G.A. § 9-3-99). A licensed attorney can say whether a particular charge, such as a DUI, qualifies.

**Punitive damages.** Georgia allows punitive damages only on clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression or an entire want of care that suggests conscious indifference to consequences. They are generally capped at $250,000, but the cap does not apply to product liability claims, or a defendant who acted with specific intent to cause harm or while under the influence of alcohol or drugs to the point that judgment was substantially impaired. That exception matters in drunk-driving crashes.

**The 50% bar.** Georgia is one of the states where an even split of fault ends the claim, so small facts about who did what can decide the case.

## Crashes on Georgia roads

IIHS counted 1,403 motor vehicle crash deaths in Georgia in 2024, or 12.5 per 100,000 people, against a national rate of 11.5 per 100,000 people. IIHS classed 24% of those deaths as speeding-related and 35% as on rural roads.

## Finding a lawyer in Georgia

The State Bar of Georgia does not refer clients itself; it points people to local and voluntary bar associations. In the Atlanta area, the Atlanta Bar Association runs a lawyer referral service at (404) 521-0777; the [Atlanta guide](https://accidentclaimfacts.com/location/atlanta/) has the details. Before hiring anyone, look the lawyer up in the State Bar's [member directory](https://www.gabar.org/member-directory/). See [how lawyer referral services work](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/).

## FAQ

### What is the statute of limitations for a car accident in Georgia?

Generally 2 years from the crash for injuries and 4 years for vehicle damage. Claims against a city need written notice within 6 months, and claims against a county or the state within 12 months.

### Is Georgia a no-fault state?

No. Georgia is an at-fault state: the driver who caused the crash, through their liability insurer, pays for the losses. Georgia does not require personal injury protection.

### Can I recover if I was partly at fault in Georgia?

Yes, if your share of fault is under 50%. Your damages are reduced by your percentage, and at 50% or more you recover nothing.

### What is an ante litem notice in Georgia?

It is a written notice of your claim that must reach a government body before you can sue it. For a city it is due within 6 months and must state the amount you are seeking; for the state it is due within 12 months.

### How do I get a crash report in Georgia?

Police crash reports are sold online through BuyCrash, or by mail from GDOT for $5 per copy. Reports from the State Patrol can also be requested from the Department of Public Safety.

### Does Georgia cap damages in car accident cases?

Punitive damages are generally capped at $250,000, but not for a defendant who was impaired by alcohol or drugs or meant to cause harm.

## Sources

- [Georgia Department of Public Safety, How do I obtain a traffic crash report?](https://dps.georgia.gov/node/18351) — State Patrol crash reports
- [Georgia Office of the Commissioner of Insurance and Safety Fire, Auto insurance](https://oci.ga.gov/insurance-resources/auto) — required coverage
- [State Bar of Georgia, Local and voluntary bars](https://www.gabar.org/bar-communities/local-and-voluntary-bars) — local bar associations and their referral services
- [Georgia General Assembly, Official Code of Georgia § 9-3-33](https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-33/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2024 edition), O.C.G.A. § 9-3-31](https://law.justia.com/codes/georgia/2024/title-9/chapter-3/article-2/section-9-3-31/), checked October 29, 2026
- [Georgia General Assembly, Official Code of Georgia § 51-12-33(g)](https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 36-33-5(b)](https://law.justia.com/codes/georgia/title-36/provisions-applicable-to-municipal-corporations-only/chapter-33/section-36-33-5/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 36-11-1](https://law.justia.com/codes/georgia/title-36/provisions-applicable-to-counties-only/chapter-11/section-36-11-1/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 50-21-26(a)(1)](https://law.justia.com/codes/georgia/title-50/chapter-21/article-2/section-50-21-26/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 9-3-90(b)](https://law.justia.com/codes/georgia/title-9/chapter-3/article-5/section-9-3-90/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 33-7-11(a)](https://law.justia.com/codes/georgia/title-33/chapter-7/section-33-7-11/), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 40-6-273](https://law.justia.com/codes/georgia/title-40/chapter-6/article-12/section-40-6-273/), checked October 29, 2026
- [Georgia Department of Transportation, Crash Reporting](https://dot.ga.gov/GDOT/Pages/CrashReporting.aspx), checked October 29, 2026
- [Georgia Department of Transportation, Individual Crash Report Request form](https://www.dot.ga.gov/DriveSmart/CrashReporting/request_form.pdf), checked October 29, 2026
- [Justia (Official Code of Georgia Annotated, 2025 edition), O.C.G.A. § 9-3-99](https://law.justia.com/codes/georgia/title-9/chapter-3/article-5/section-9-3-99/), checked October 29, 2026
- [Official Code of Georgia, O.C.G.A. § 51-12-5.1(b)](https://law.justia.com/codes/georgia/title-51/chapter-12/article-1/section-51-12-5-1/), checked October 29, 2026
- [State Bar of Georgia, Find a Lawyer](https://www.gabar.org/public/find-a-lawyer), checked October 29, 2026
- [Atlanta Bar Association, Lawyer Referral and Information Service](https://atlantabar.org/?pg=lrishome), checked October 29, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [Georgia Office of the Commissioner of Insurance and Safety Fire, Home page](https://oci.ga.gov/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026