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Georgia accident law

Georgia car accident settlement calculator

Georgia is an at-fault state that uses modified comparative negligence, 50% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20266 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsO.C.G.A. 9-3-33; O.C.G.A. 9-3-32; O.C.G.A. 36-33-5(b); O.C.G.A. 50-21-26(a)(1)
Fault ruleModified (50% bar)O.C.G.A. 51-12-33(g)
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/25thousands of dollars

Georgia settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Georgia: Modified comparative negligence, 50% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Georgia attorney about your case.

Georgia filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage4 years
Wrongful death2 years
Notice of a claim against a governmentClaims against a city (municipal corporation): written claim within 6 months of the event (O.C.G.A. 36-33-5(b)). Claims against the state: written ante litem notice within 12 months of discovery of the loss (O.C.G.A. 50-21-26(a)(1)).
O.C.G.A. 9-3-33; O.C.G.A. 9-3-32; O.C.G.A. 36-33-5(b); O.C.G.A. 50-21-26(a)(1). Counted from the accident date in most cases.

Property: 9-3-32 actions for damage to personal property 'shall be brought within four years after the right of action accrues'. Loss of consortium: 4 years.

If you were partly at fault

Georgia follows modified comparative negligence, 50% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Damages below the bar are reduced by plaintiff's percentage of fault (51-12-33(a)).

Source: O.C.G.A. 51-12-33(g). Compare all states in the comparative negligence table.

At-fault (tort) state

In Georgia the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Minimum car insurance in Georgia

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. 40-9-37(a) and 33-34-4 tie the compulsory minimum to the 33-7-11(a)(1)(A) amounts. UM must be included in every policy but coverage is not applicable 'if the insured rejects such coverages' in writing (33-7-11(a)(3)), so not mandatory.

Damage caps

Georgia does not cap pain and suffering in ordinary car accident cases. Punitive damages: $250,000 cap for most torts; no cap for product liability, or where defendant acted with specific intent to harm or while impaired by alcohol or drugs

DUI exception matters for car crashes: no punitive cap if the defendant was substantially impaired.

Dog bite law

Mixed rule. Not strict liability: owner/keeper of a 'vicious or dangerous animal' who, by careless management or letting it go at liberty, injures an unprovoking person 'may be liable'. Modified one-bite rule.

Source: O.C.G.A. 51-2-7. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Georgia?

2 years from the accident for an injury lawsuit and 4 years for vehicle damage (O.C.G.A. 9-3-33; O.C.G.A. 9-3-32; O.C.G.A. 36-33-5(b); O.C.G.A. 50-21-26(a)(1)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Georgia a no-fault state?

No. Georgia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Georgia?

Georgia follows modified comparative negligence, 50% bar (O.C.G.A. 51-12-33(g)). Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).

What is the minimum car insurance in Georgia?

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25).

Does Georgia cap pain and suffering damages?

Not in ordinary car accident cases. DUI exception matters for car crashes: no punitive cap if the defendant was substantially impaired.

Sources

Checked against official Georgia sources November 5, 2026.

  1. Georgia statute of limitations: O.C.G.A. 9-3-33; O.C.G.A. 9-3-32; O.C.G.A. 36-33-5(b); O.C.G.A. 50-21-26(a)(1)
  2. Georgia comparative fault: O.C.G.A. 51-12-33(g)
  3. Georgia insurance system: O.C.G.A. 33-34-4
  4. Georgia minimum liability insurance: O.C.G.A. 33-7-11(a)(1)(A); 40-9-37(a); 33-34-4
  5. Georgia damage caps: O.C.G.A. 51-12-5.1(e), (f), (g)
  6. Georgia dog bite liability: O.C.G.A. 51-2-7