Whether you’re navigating Atlanta traffic or driving rural roads in South Georgia, car accidents can happen when you least expect them. If you’ve been injured in a crash, understanding Georgia’s car accident laws is key to protecting your rights and pursuing fair compensation. This guide outlines what you need to know about fault, insurance, legal deadlines, and how to take action after a car accident in Georgia.
Georgia Is an At-Fault State
Georgia uses a fault-based system for handling car accident claims. That means the driver who causes the accident is legally responsible for covering damages. If you’re injured in a crash, you may:
- File a claim with your own insurance company
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit against the at-fault driver
The party who is found to be at fault will ultimately be held liable for medical bills, lost income, and property damage.
Modified Comparative Negligence Rule
Georgia follows the modified comparative negligence rule with a 50% bar. This means you can recover damages as long as you were less than 50% at fault for the crash. If you’re 50% or more responsible, you cannot collect any compensation.
If you’re partially at fault but less than 50%, your compensation will be reduced by your percentage of fault. For instance, if you’re 20% at fault and your damages total $100,000, you’ll receive $80,000.
Required Auto Insurance in Georgia
Georgia law requires all drivers to carry minimum liability insurance:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
This liability coverage helps pay for injuries and property damage you cause to others in a crash. Uninsured/underinsured motorist (UM/UIM) coverage is not required but is strongly recommended.
Statute of Limitations in Georgia
If you plan to file a lawsuit after a car accident, Georgia gives you two years from the date of the crash to file a personal injury claim. For property damage, you have four years. If you miss the deadline, your case could be dismissed—even if you have strong evidence.
Reporting a Car Accident
Under Georgia law, you must report a car accident to law enforcement if:
- Someone is injured or killed
- Property damage exceeds $500
You should call 911 immediately after a crash. A police officer will typically complete an official accident report, which can be used later when filing insurance claims or lawsuits.
What If the At-Fault Driver Is Uninsured?
If you’re hit by an uninsured or underinsured driver, you may have coverage through your own UM/UIM policy if you added it to your insurance. This coverage can help pay for medical expenses, lost wages, and more. If you don’t have this coverage, your only option may be to sue the other driver—but collecting payment may be difficult if they lack the resources to pay.
What Damages Can You Recover?
If you’re injured in a car crash caused by another driver, you may be entitled to compensation for:
- Medical bills
- Lost income and future earnings
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
In rare cases, you may also be awarded punitive damages if the other driver acted with gross negligence or intentional harm.
Can Passengers File Injury Claims?
Yes. Passengers injured in a Georgia car accident can file injury claims against the at-fault driver—whether it’s another vehicle or the driver of the car they were riding in. Passengers are typically not assigned fault, making it easier to recover compensation for medical expenses and other losses.
Should You Hire a Car Accident Lawyer in Georgia?
If your injuries are serious or you’re struggling to deal with the insurance company, it’s smart to consult a car accident attorney. A lawyer can investigate your case, handle negotiations, and help ensure you meet all deadlines. Most personal injury attorneys in Georgia offer free consultations and only charge if they win your case.