Car accidents in Georgia: what to do and who pays
In Georgia, the driver who caused the crash pays, through their insurance. You have 2 years to sue for an injury and 4 years for damage to your car.
Checked against official sources: Oct 24, 2026Get your letter ↓
Who pays — in 3 lines
- Your injuries: the at-fault driver's insurer pays, from their liability coverage.
- Your car: the other driver's insurer pays, if that driver caused the crash.
- Partly at fault? you get nothing at 50% of the blame or more; below that, you get paid minus your share.
We could not confirm all of Georgia's rules yet. Some facts on this page rest on limited sources. Check the official sources below, or ask a lawyer or legal aid office, before you rely on them.
Guides for Georgia drivers
Comparative fault in Georgia
How modified comparative fault with a 50% bar works, the law, how insurers use it and a payout calculator.
Reporting a crash in Georgia
When to call the police, your own report and its deadline, and getting the crash report.
Uninsured driver in Georgia
Uninsured motorist coverage, penalties for driving uninsured and what to do.
Deadline to sue in Georgia
4 years for property damage, 2 years for injury, government notices and the calculator.
At the scene and reporting a crash in Georgia
Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.
- When to call the police
- Stop right away in a safe place. Notify the nearest law enforcement agency immediately if anyone is hurt or killed, or if property damage is more than $500. Give reasonable help to anyone injured.
- Damage amount
- $500
- Report to the state
- No separate driver crash report to the Department of Driver Services or Department of Revenue was found in official sources. Your insurer reports your coverage electronically to the Department of Revenue.
- Law
- Georgia DDS, Georgia Driver's Manual 2023-2024, 'If You Are Involved In A Crash' (notify police if anyone is injured or killed or property damage exceeds $500.00)
- Official text
- Read the official text
First 24 hours after a crash in Georgia
Tick the boxes as you go, or print the list and keep it in your glove box.
Safety first
Call for help
Exchange information
Photos and witnesses
Report the crash
Georgia: Stop right away in a safe place. Notify the nearest law enforcement agency immediately if anyone is hurt or killed, or if property damage is more than $500. Give reasonable help to anyone injured. Report to the state: No separate driver crash report to the Department of Driver Services or Department of Revenue was found in official sources. Your insurer reports your coverage electronically to the Department of Revenue.
Insurance and health
General safety and information steps, not legal advice.
Insurance system in Georgia
Georgia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
- System
- Fault (tort)
- PIP, benefits and when you can sue
- No PIP is required. Georgia uses a tort (fault) system: the at-fault driver's liability insurance pays for others' injuries and property damage. Medical payments, collision and comprehensive are optional. You may claim under your own collision coverage even if someone else caused the crash.
- Law
- Georgia Office of Commissioner of Insurance and Safety Fire (OCI), Auto insurance page and Guide to Auto Insurance
- Official text
- Read the official text
Compare every state in the no-fault states table.
Who pays: comparative fault in Georgia
- Rule
- Modified (50% bar)
- What it means
- In Georgia, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).
- Law
- O.C.G.A. § 51-12-33(a), (g): you recover nothing if you are 50% or more at fault; otherwise your damages are reduced by your share of fault
Compare every state's rule in the comparative negligence table.
Comparative fault in Georgia: the rule, the law and a payout calculator
Who pays in Georgia: fault and payout explainer
If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.
Minimum insurance in Georgia
- Liability minimum
- 25/50/25
- Uninsured / underinsured motorist (UM/UIM)
- Uninsured motorist coverage is available and protects you if an uninsured driver causes a crash that damages your car or injures you or your passengers; the OCI guide says you can purchase it.
- Official text
- Read the official text
Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.
Getting the police report in Georgia
Ask the police agency that worked the crash for a copy; the OCI advises asking the officer at the scene when the report will be filed and how to get it. For Georgia State Patrol crashes, request records from the Georgia Department of Public Safety Open Records Unit, including online through its EPORTS system; requests fall under the Georgia Open Records Act and may carry a fee. Official page: https://dps.georgia.gov/divisions/open-records-unit
You can also ask by mail with our free police report request letter.
Filing a claim and insurer deadlines in Georgia
Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.
If the other driver has no insurance in Georgia
Owners must keep continuous Georgia liability insurance on every registered vehicle. A lapse means a $25 fine, plus up to $160 more if not paid within 30 days, and the registration can be suspended or revoked; driving on a suspended registration is a crime and the car may be impounded (Georgia Department of Revenue). If an uninsured driver causes a crash, uninsured motorist coverage (if you have it) pays you as if the other driver were covered (OCI).
Deadlines to sue in Georgia
4 years for your car, 2 years for an injury. Don't wait for the insurer.
- Property damage (your car)
- 4 years
- Injury
- 2 years
Legal details
- Notes, including claims against a government
- Before suing a Georgia government, send a written notice of claim: within 6 months for a city, 12 months for a county or the State.
- Law
- O.C.G.A. §§ 9-3-31 (property), 9-3-33 (personal injury)
The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.
Deadline to sue in Georgia
Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file.
Small claims for property damage in Georgia
- Small claims limit
- $15,000 in Magistrate Court for people and businesses; a new law raises it to $25,000 for cases filed on or after January 1, 2027.
Georgia small claims guide on RobinClaim
Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.
Insurance complaints in Georgia
If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:
Free help in Georgia
Free letters
Insurance claim letter
Ask the other driver's insurer to pay your damages, in writing.
Police report request letter
Ask the police agency for a copy of the crash report by mail.
Good to know in Georgia
- Georgia's crash reporting threshold is low: notify police if property damage is more than $500 (DDS Georgia Driver's Manual).
- Since SB 68 (signed April 21, 2025), evidence that you weren't wearing a seat belt can be admitted in a car crash case and used to reduce damages (O.C.G.A. § 40-8-76.1(d) as amended by SB 68, Section 5).
- A lapse in coverage of 10 days or more between policies triggers a $25 fine and possible registration suspension (Georgia Department of Revenue).
Changes in 2024–2026
- SB 68, signed April 21, 2025 (official text on the Governor's site): seat-belt evidence can now be admitted in car crash cases and used to reduce damages (O.C.G.A. § 40-8-76.1(d)); special damages for medical expenses are limited to the reasonable value of necessary care, and juries may hear amounts actually paid or needed to satisfy the charges; arguing pain-and-suffering amounts is limited; voluntary dismissal during trial is limited; new rules for negligent-security cases.
- Small claims (Magistrate Court) limit rises to $25,000 on January 1, 2027.
Questions about car accidents in Georgia
When do you have to report a car accident in Georgia?
Stop right away in a safe place. Notify the nearest law enforcement agency immediately if anyone is hurt or killed, or if property damage is more than $500. Give reasonable help to anyone injured. No separate driver crash report to the Department of Driver Services or Department of Revenue was found in official sources. Your insurer reports your coverage electronically to the Department of Revenue.
Is Georgia a no-fault state?
No. Georgia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
Can I get money if I was partly at fault in Georgia?
In Georgia, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side). (O.C.G.A. § 51-12-33(a), (g): you recover nothing if you are 50% or more at fault; otherwise your damages are reduced by your share of fault)
What is the minimum car insurance in Georgia?
25/50/25 Uninsured motorist coverage is available and protects you if an uninsured driver causes a crash that damages your car or injures you or your passengers; the OCI guide says you can purchase it.
How long do you have to sue after a car accident in Georgia?
4 years for property damage and 2 years for injury (O.C.G.A. §§ 9-3-31 (property), 9-3-33 (personal injury)).
How do I get a police report in Georgia?
Ask the police agency that worked the crash for a copy; the OCI advises asking the officer at the scene when the report will be filed and how to get it. For Georgia State Patrol crashes, request records from the Georgia Department of Public Safety Open Records Unit, including online through its EPORTS system; requests fall under the Georgia Open Records Act and may carry a fee. Official page: https://dps.georgia.gov/divisions/open-records-unit
What if the other driver has no insurance in Georgia?
Owners must keep continuous Georgia liability insurance on every registered vehicle. A lapse means a $25 fine, plus up to $160 more if not paid within 30 days, and the registration can be suspended or revoked; driving on a suspended registration is a crime and the car may be impounded (Georgia Department of Revenue). If an uninsured driver causes a crash, uninsured motorist coverage (if you have it) pays you as if the other driver were covered (OCI).
Where can I complain about a car insurance company in Georgia?
Georgia Office of Commissioner of Insurance and Safety Fire, Consumer Services: https://oci.georgia.gov/file-consumer-insurance-complaint · (800) 656-2298
Sources and last check
- Georgia DDS: Manuals (Georgia Driver's Manual)
- Georgia OCI: Auto insurance
- Georgia OCI: Guide to Auto Insurance
- Georgia OCI: Auto claim tips
- Georgia OCI: File a consumer complaint
- Georgia Department of Revenue: Lapse or loss of insurance coverage
- Georgia Department of Revenue: Vehicle insurance requirements
- Georgia DPS: Open Records Unit
- Office of the Governor: Gov. Kemp signs tort reform (April 21, 2025)
- Georgia DDS: Georgia Driver's Manual 2023-2024 (PDF)
- Office of the Governor: SB 68 (2025), signed text
- Office of the Governor: HB 961 (2022), signed text (O.C.G.A. § 51-12-33(b))
Last checked: Oct 24, 2026.