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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

You can recover only if you were less than 50% at fault; your award is reduced by your share.

No-fault state?
No

This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.

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

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Georgia is NOT a no-fault state (no-fault repealed 1991).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

All Georgia accident-claim rules · Other states

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.