Car accident injury claims in Georgia
In Georgia, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Georgia.
Georgia at a glance
- Fault rule
- Modified comparative — 50% bar
- No-fault state?
- No
- Minimum liability coverage
- 25/50/25 (O.C.G.A. § 40-6-10). No PIP mandate, no MedPay mandate; UM/UIM must be offered. Among the lowest minimums nationally.
- Time limit for an injury claim
- 2 years
You can recover only if you were less than 50% at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Georgia
Modified comparative negligence — 49%-bar STRICT (O.C.G.A. § 51-12-33). § 51-12-33(g) verbatim: a plaintiff '50 percent or more' responsible recovers $0. GA joins the 9-state '49%-bar strict' cluster (AR/CO/GA/KS/ME/ND/OK/TN/UT), distinct from the true '50%-recovers' cluster (OH/IL/MA/MN). Fault is apportioned across all responsible actors including nonparties.
Paying for injuries in Georgia
Georgia is NOT a no-fault state (no-fault repealed 1991). PIP is not mandatory. MedPay is an optional add-on.
How Moe handles injury claims in Georgia
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Georgia’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Georgia injury claims — common questions
- Is Georgia a no-fault state?
- No. Georgia is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Georgia's fault rule for a car accident?
- Georgia follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Georgia?
- In Georgia the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Georgia’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.