Georgia Car Accident Claims
Georgia is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A two-year deadline applies (O.C.G.A. § 9-3-33), and modified comparative negligence bars recovery once you're 50% or more at fault (O.C.G.A. § 51-12-33). Georgia sets minimum liability limits (commonly 25/50/25) — confirm the current statute.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Georgia attorney promptly — the two-year deadline applies.
After a Georgia car crash, you generally have two years from the date of the accident to file a personal-injury lawsuit (O.C.G.A. § 9-3-33), Georgia is an at-fault (tort) state that repealed no-fault years ago, and modified comparative negligence (O.C.G.A. § 51-12-33) means you recover nothing if your share of fault reaches 50%.
Is Georgia a no-fault state for car accidents?
No — Georgia repealed its old no-fault system, so there’s no PIP requirement. After a crash you make a claim against the at-fault driver’s liability insurance (or your own uninsured/underinsured coverage if they lack enough — O.C.G.A. § 33-7-11). You can recover medical bills, lost wages, vehicle damage, and pain and suffering.
How long do I have to file?
| Claim type | Deadline | Statute |
|---|---|---|
| Personal injury (bodily) | 2 years from the crash | O.C.G.A. § 9-3-33 |
| Property damage (vehicle) | 4 years | O.C.G.A. § 9-3-31 |
| Wrongful death | 2 years from death | O.C.G.A. § 9-3-33 |
| Claim against a city government | 6-month ante litem notice | O.C.G.A. § 36-33-5 |
| Claim against the State of Georgia | 12-month ante litem notice | O.C.G.A. § 50-21-26 |
The personal-injury deadline (O.C.G.A. § 9-3-33) is firm — file or settle before it runs. Claims involving a government vehicle carry much shorter ante litem notice requirements that, if missed, bar the claim even before the 2-year period runs.
What if I was partly at fault?
Georgia uses modified comparative negligence (O.C.G.A. § 51-12-33): your damages are reduced by your percentage of fault, and at 50% or more fault you recover nothing. Insurers often argue the injured driver shares blame, so fault is frequently the key battleground.
What insurance does Georgia require?
Georgia requires drivers to carry minimum liability coverage — commonly 25/50/25 under the state’s financial-responsibility law:
| Coverage | Minimum limit | Statute |
|---|---|---|
| Bodily injury — per person | $25,000 | Georgia financial-responsibility law |
| Bodily injury — per accident | $50,000 | Georgia financial-responsibility law |
| Property damage | $25,000 | Georgia financial-responsibility law |
Because these figures can be amended, confirm the current minimums. Carrying uninsured/underinsured motorist coverage (O.C.G.A. § 33-7-11) is valuable given how many drivers carry only the minimum.
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Start your free intakeFrequently asked questions
- Is Georgia a no-fault state for car accidents?
- No. Georgia is an at-fault (tort) state — it repealed no-fault years ago. You pursue the at-fault driver and their insurer for your medical bills, lost wages, and pain and suffering.
- How long do I have to file a car accident claim in Georgia?
- Generally two years from the date of the crash for personal-injury claims (O.C.G.A. § 9-3-33), and four years for vehicle/property damage (O.C.G.A. § 9-3-31). Missing the deadline usually bars the claim.
- What if I was partly at fault?
- Under Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33), your recovery is reduced by your share of fault, and if you're 50% or more at fault you recover nothing.
Sources
Related guides
- Georgia Commercial Truck Accident Claims A Georgia truck crash is still a Georgia negligence claim — same two-year deadline and 50% comparative-fault bar — but federal FMCSA rules layer on top, and there are often several defendants. Georgia's direct-action rule (suing the motor carrier's insurer directly) was narrowed by SB 426, effective July 1, 2024, and now applies only in limited situations — confirm the current statute.
- Georgia Dog Bite Claims Georgia's dog-bite statute (O.C.G.A. § 51-2-7) makes an owner liable when a vicious or dangerous animal injures someone who didn't provoke it, through the owner's careless management or by letting the animal run loose. A violation of a local leash or at-heel ordinance can substitute for proving the animal's vicious propensity. The two-year deadline applies.
- Georgia Medical Malpractice Claims A Georgia medical malpractice claim must usually be filed within two years of the injury, with an absolute five-year outer limit (statute of repose) under O.C.G.A. § 9-3-71. The complaint must include an expert affidavit identifying at least one negligent act (O.C.G.A. § 9-11-9.1). Georgia's cap on noneconomic damages was struck down as unconstitutional in Nestlehutt (2010).
- Georgia Motorcycle Accident Claims A Georgia motorcycle crash is an at-fault negligence claim under the same rules as other vehicles — a two-year deadline (O.C.G.A. § 9-3-33) and the 50% comparative-fault bar (O.C.G.A. § 51-12-33). Georgia has a universal helmet law requiring all riders to wear approved headgear (O.C.G.A. § 40-6-315), and helmet use can become an issue in a claim.
- Georgia Premises Liability & Slip and Fall Georgia premises liability turns on your status on the property. To an invitee (like a customer), an owner or occupier owes ordinary care to keep the premises and approaches safe (O.C.G.A. § 51-3-1). To a licensee, the duty is only to avoid willfully or wantonly injuring them (O.C.G.A. § 51-3-2). The two-year injury deadline and comparative-fault rule apply.
- Georgia Wrongful Death Claims Georgia's wrongful death law lets survivors recover the 'full value of the life' of the person who died — without deducting the decedent's own expenses (O.C.G.A. § 51-4-1). The right to sue follows a statutory order: surviving spouse first, then children, then parents, then the estate. A two-year deadline generally applies.
- Related area: Workers' Compensation in Georgia