Georgia car accident law: deadlines, fault and your claim

Filing deadlines in Georgia#

Georgia's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

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 immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary 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 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.

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%.

Try the fault-rule explainer 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 protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary 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 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 damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary 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 has the details. Before hiring anyone, look the lawyer up in the State Bar's member directory. See how lawyer referral services work.