Georgia Car Accident Deadlines and Fault Rules

By The Felicetti Law Firm · November 10, 2026

After a car crash in Georgia, the clock on your claim starts running right away, and some deadlines are much shorter than most people expect. Georgia also has its own rule for what happens when more than one driver shares the blame. Here is what you should know about deadlines, fault and insurance before you talk to an adjuster.

Key points

Most Georgia personal injury lawsuits must be filed within two years. Claims for damage to your car and other property have four years.
If you are 50% or more at fault, you recover nothing. Below 50%, your damages are reduced by your share of the fault.
Claims against a city need written notice within six months. Claims against a county or the State of Georgia need notice within 12 months.
Georgia is an at-fault state. The minimum liability coverage is $25,000 per person, $50,000 per accident and $25,000 for property damage.

How long you have to file: Georgia’s statute of limitations

Under O.C.G.A. § 9-3-33, a lawsuit for injuries to the person must be brought within two years after the right of action accrues. In a typical car accident case, that usually means two years from the date of the crash. The same law gives a spouse four years to bring a claim for loss of consortium, meaning the loss of a partner’s companionship and support.

Damage to your car and other belongings follows a different rule. Under O.C.G.A. § 9-3-31, actions for injuries to personal property must be brought within four years.

Keep in mind that “filing” means filing a lawsuit in court. Opening a claim with an insurance company is not the same thing. Special circumstances can change a deadline in some cases, so it is wise to have a lawyer confirm the dates that apply to you early on.

Georgia’s 50% rule: what if you were partly at fault?

Georgia follows a modified comparative negligence rule, found in O.C.G.A. § 51-12-33. If you were partly responsible for the crash, the judge or jury decides your percentage of fault, and your damages are reduced in proportion to it.

There is a hard cutoff, though. The law says you cannot receive any damages if you are 50 percent or more responsible for your injuries. A 50/50 split leaves you with nothing. Here is how it works if your total damages are $100,000:

You are 20% at fault: you can recover $80,000.
You are 49% at fault: you can recover $51,000.
You are 50% or more at fault: you recover nothing.

That is why the other side’s insurer may try to shift blame onto you. When several drivers or companies share fault, the jury splits the damages among them by percentage, and each one is generally responsible only for its own share.

Seat belt evidence after the 2025 changes

Georgia amended O.C.G.A. § 40-8-76.1 in 2025. Under the current law, an occupant’s failure to wear a seat belt may be considered as evidence on negligence, comparative negligence, causation and apportionment of fault, and may be used to reduce recovery. The change took effect on April 21, 2025, and applies to newer cases. Buckling up protects both your health and your claim.

Claims against a city, county or the state: ante litem notice

If a government vehicle or employee was involved, such as a city bus or garbage truck, a county patrol car or a state agency vehicle, you face an extra and much shorter deadline. Georgia requires a written notice of claim, called an ante litem notice, before you can sue. If you miss it, you can lose the claim even though the two-year limit has not run out.

Cities: Under O.C.G.A. § 36-33-5, you must present the claim in writing within six months of the event. It goes to the city’s governing authority and is served on the mayor or the chair of the city council or commission, in person or by certified mail or statutory overnight delivery. The notice should state the time, place and extent of the injury and the negligence that caused it, and it must include the specific amount of money you are seeking.
Counties: Under O.C.G.A. § 36-11-1, all claims against counties must be presented within 12 months after they accrue, or they are barred.
The State of Georgia: Under O.C.G.A. § 50-21-26, written notice must be given within 12 months of the date the loss was discovered or should have been discovered. It goes to the Risk Management Division of the Department of Administrative Services by certified mail or statutory overnight delivery with return receipt requested, or by hand delivery with a receipt. A copy also goes to the state agency involved. You generally cannot file suit until the claim is denied or more than 90 days have passed.

These rules are technical, and a mistake in what the notice says or how it is delivered can cause serious problems. If a government vehicle or employee may be involved, get help quickly.

Georgia is an at-fault state: how insurance works

Georgia does not use a no-fault system and does not require PIP (personal injury protection) coverage. The driver who caused the crash, and that driver’s liability insurance, is responsible for the harm done to others. Every Georgia driver must carry liability coverage of at least:

$25,000 for bodily injury to one person
$50,000 for bodily injury to all persons in one accident
$25,000 for property damage

Serious injuries can quickly exceed those minimums. That is where uninsured motorist (UM) coverage on your own policy matters. Under O.C.G.A. § 33-7-11, Georgia auto policies must include UM coverage unless the insured rejects it in writing, and you can choose limits as high as your liability limits. Check your declarations page to see what you have.

The Georgia Office of the Commissioner of Insurance and Safety Fire also notes that you may file a claim under your own physical damage (collision) coverage even if another driver may have caused the accident.

Practical steps after a Georgia car accident

Report the crash. Georgia law requires drivers to report, immediately and by the quickest means available, any accident that causes injury, death or apparent property damage of $500 or more. Inside a city, call the local police. Outside a city, call the county sheriff or the nearest State Patrol office. Calling 911 is usually the fastest way.
Get medical care. Some injuries do not show symptoms right away.
Document everything. Take photos of the vehicles, the scene and your injuries. Get the other driver’s name, insurance and plate number, plus contact details for any witnesses.
Get the crash report. Ask the officer how to obtain a copy.
Be careful with insurers. Notify your own insurer, but avoid guessing about fault or giving a recorded statement to the other driver’s insurer before you understand your rights.
Mark your calendar. Six months for a city, 12 months for a county or the state, two years for injuries and four years for property damage.

More Georgia resources

Learn more about our Georgia offices, our Atlanta office, and how we handle car accident cases.

Hurt in an accident? Georgia’s deadlines can be short, especially when a government vehicle is involved, so it helps to get answers early. Call (800) 333-1988 any time, day or night, for a free consultation, or send us a message.

Sources

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different; speak with a lawyer about your situation.

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