Filing a car accident claim in Georgia: the process from crash to resolution

A Georgia car accident claim starts as a notice to one or more insurers. It is not a lawsuit, and filing one does not stop any legal deadline. An injured person can open a third-party claim with the at-fault driver’s insurer and a first-party claim with their own. The two-year limit in O.C.G.A. § 9-3-33 keeps running through all of it, so the claim process has to be managed against that date.

The sequence

Stage	What happens	The document it produces
At the scene	Stop, exchange information, report	Crash report
Notice	Contact each insurer	Claim number and adjuster
Investigation	Liability review, statements, records	Adjuster's file
Treatment	Care continues, records accumulate	Bills and records
Demand	Written request for a stated amount	Demand package
Response	Accept, reject, counter, or ask for more	Offer or denial
Decision	Settle, mediate, or sue	Release or complaint

At the scene

Section 40-6-270 requires a driver in a crash involving injury, death, or damage to an attended vehicle to stop and give identifying information. Section 40-6-273 requires immediate notice to local police, the county sheriff, or the state patrol when a crash causes injury, death, or apparent property damage of $500 or more. Report details are on police reports.

Two claims, two relationships

Third-party claim. This goes to the at-fault driver’s liability insurer. Its adjuster has no contract with you, and you have no obligation under that policy to give a recorded statement.

First-party claim. This goes to your own insurer, for coverages such as medical payments, collision, or uninsured motorist. Your policy can require prompt notice and cooperation, including a statement, so refusing can affect coverage. Read those conditions and meet them.

Georgia’s fault-based system explains why the third-party claim is central when another driver is at fault.

Finding out how much coverage exists

Georgia gives claimants a tool that a phone call does not. Under O.C.G.A. § 33-3-28(a)(1), a liability insurer must provide within 60 days of a proper written request a statement under oath of each known policy, including excess or umbrella coverage, with the insured’s name and the limits. The insurer may provide the declarations page instead. The request itself must be under oath and state the nature of the claim. Under (a)(2), the insured must disclose each known insurer within 30 days of a written request.

Limits shape every later decision, so this is worth doing early in a serious case. If the other driver’s coverage looks too low, see underinsured motorist coverage.

If the other driver is unknown, § 33-7-11 has its own conditions, including reporting the accident as § 40-6-273 requires. A claim against an unidentified driver can turn on those facts, so report it promptly.

Early requests from an adjuster

Recorded statement. It can be used to test your account later. To the other insurer, it is a choice. Before giving one, a person can ask for the questions in writing or get advice.

Medical authorization. A blanket form can reach records unrelated to the crash. A person can limit it to the relevant providers and dates, or send the records directly.

Early offer. A person who signs a general release gives up the claim, including for an injury not yet understood. Treatment may not be finished and the amount of future care may not be known. Maximum medical improvement covers how that timing works.

Adjusters may keep notes on calls, and these could surface in later litigation. It is sensible to confirm important points in writing.

Building the file

The items that recur:

• crash report, photographs, and witness names and numbers;
• records from each provider, including the first visit;
• itemized bills, and for a cause of action arising on or after April 21, 2025, what any health plan would pay, as explained on medical expenses;
• wage records, tax returns if self-employed, and an employer letter;
• vehicle estimates, rental, tow, and storage receipts.

Gaps in treatment are something an insurer may point to. If care stopped because of cost or transport, note that in a dated record so the reason does not get lost.

The demand

A demand states liability, the injuries, the damages by category, and an amount. In a claim with limited coverage, a demand for the policy limits can create a clear decision point for the insurer. Georgia has a specific statute for pre-suit offers to settle motor vehicle claims, § 9-11-67.1, with required terms and timing rules, and a 2024 act revised it. An offer that misses its terms can have consequences, so the mechanics are on pre-suit settlement demands.

A property damage demand has a separate statute. Section 33-4-7 calls for a demand letter by statutory overnight delivery or certified mail, with an amount certain and 60 days to respond.

When the claim does not settle

The response decides the next step. A person can keep negotiating, try pre-suit mediation, or file suit. When to file suit covers the timing, and how long there is to file covers the deadlines:

Claim	Period	Start
Bodily injury	Two years, § 9-3-33	When the right of action accrues
Loss of consortium	Four years, § 9-3-33	When the right of action accrues
Vehicle damage	Four years, §§ 9-3-31, 9-3-32	When the right of action accrues
Claim against a government entity	Notice can be due much sooner	Depends on the entity

An offer or an open adjuster’s file does not stop these periods. A lawsuit filed in time can still settle later. If a government vehicle was involved, the notice rules for government claims should be read first.

A person can do this without a lawyer

Georgia does not require a lawyer for an insurance claim. The stakes change with the injury and with the limits. A person with a small claim and a clear result may finish it directly, while a serious injury, a demand under § 9-11-67.1, or a claim close to its deadline raises risks that are harder to handle alone.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-31, 9-3-32, 9-3-33, 9-11-67.1, 33-3-28, 33-4-7, 33-7-11, 40-6-270, 40-6-273

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.