How car accident claims work in Georgia: an overview of the process

A Georgia car accident claim moves through evidence, treatment, insurance, a demand, and, if needed, a lawsuit, and the two-year limit in O.C.G.A. § 9-3-33 runs through all of them. Georgia is a fault state, so recovery starts with the at-fault driver’s liability insurance and not with your own policy. Each stage has its own page with the detail, so use the table below to find where a claim stands and what is next.

Stages of a claim

Stage	The main question	Where to read more
Scene and first days	What evidence might disappear?	Accident scene investigation
Coverage	Who can pay, and how much?	Who pays for damages
Fault	Who is responsible, and what share?	The 50 percent bar
Treatment	What is the injury, and is it stable?	Maximum medical improvement
Claim	Who gets notice and what do they need?	Filing a claim
Demand	What is asked, and under what statute?	Demand letters and § 9-11-67.1
Lawsuit	Is suit needed, and when?	When to file suit
Resolution	What does a settlement release and leave?	Closing a case

The scene and first days

Accident scene investigation covers what to capture. Photographs, witness names, and video from nearby businesses and dash cameras can vanish fast. Section 40-6-273 requires a driver to give immediate notice of a crash involving injury, death, or apparent property damage of $500 or more. Get medical attention when needed, because that is first a health matter, and a late first visit also becomes an insurer’s argument.

Who can pay

These sources can apply, and more than one may:

• the at-fault driver’s liability coverage, at a required minimum of $25,000 per person, $50,000 per accident, and $25,000 for property, by the cross-reference in § 40-9-37 and § 33-7-11(a)(1)(A);
• an employer or vehicle owner, in some situations;
• your uninsured motorist coverage, which also covers underinsured drivers under § 33-7-11;
• your MedPay coverage, whoever was at fault;
• your health plan, with possible reimbursement rights; and
• your collision coverage for the vehicle.

Who pays for damages sets out the order. Section 33-3-28 allows a sworn insurance disclosure on written request.

Fault

Under § 51-12-33, a plaintiff’s own share reduces the award, and 50 percent or more ends it. For example, imagine $100,000 in damages. A plaintiff 30 percent at fault gets $70,000 from a fully responsible and collectible defendant. A plaintiff 50 percent at fault gets nothing. Section 51-11-7 adds that a plaintiff who could have avoided the consequences by ordinary care may not recover. Each defendant owes only its own share. See the 50 percent bar.

Treatment and timing

Treatment follows the medical need, on its own schedule. A claim is easier to value once the condition is stable, as maximum medical improvement explains. But the deadline does not wait for that. A person still treating as the two-year date approaches can file to protect the claim. Serious injuries with low limits can also justify an earlier demand.

The claim and the demand

The steps of notice, adjusters, statements, and records are on filing a car accident claim. A demand follows when the claim can be valued. If an attorney prepares an offer to settle a motor vehicle injury claim before answers are filed, § 9-11-67.1 applies, with listed material terms, a minimum of 30 days to accept, and a minimum of 40 days for payment. See pre-suit settlement demands.

If an insurer turns down a reasonable chance to settle within limits and a judgment above the limits follows, the insured may have a claim against it, which can be assigned. Your own insurer has separate rules under § 33-4-6, and property damage under § 33-4-7. See insurance bad faith.

The damages categories

Category	Includes	Key limit
Economic	Medical costs, wages, earning capacity, services	§ 51-12-1.1 for causes of action arising on or after April 21, 2025
Noneconomic	Pain, anguish, impairment, loss of enjoyment	How counsel may argue value, § 9-10-184
Property	Repair, value, loss of use	Four years; separate release
Punitive	Aggravated conduct only	$250,000, with exceptions, § 51-12-5.1
Consortium	Spouse's own claim	Four years, § 9-3-33

Economic damages and damages caps cover these. Fatal crashes follow a different structure, set out on wrongful death damages.

If a lawsuit is filed

A suit starts with a complaint and must be served. The defendant answers, the parties exchange written discovery and take depositions, experts may be disclosed, and motions may narrow the case. Mediation can happen at any point, and any party may elect under § 51-12-15 to try fault first. A case can settle throughout. Timelines vary too much to give a reliable range, and a lawyer who knows the court and the facts can estimate better than any general figure. See filing the complaint and trial preparation.

Who else may be owed from a recovery

A settlement figure is not the net. Liens and reimbursement claims, attorney fees and costs, and unpaid bills may come out of it. The rules on medical liens and subrogation and closing a case after settlement should be read before agreeing to a number.

Early decisions that are hard to undo

1. Signing a general release, including one on a property form.
2. Giving a recorded statement to the other side without preparing.
3. Missing a government notice, which can be due much sooner than two years.
4. Letting video and event data be overwritten.
5. Assuming the adjuster’s timeline is the legal one.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-33, 33-3-28, 33-4-6, 33-4-7, 33-7-11, 40-6-273, 40-9-37, 51-11-7, 51-12-5.1, 51-12-33
• Senate Bill 68, as passed (2025): Sections 1, 7, 8

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.