Attorneys reviewing Georgia car accident cases
On this page
- Key Georgia rules
- Who pays for your injuries after a Georgia car crash?
- What is the difference between add-on and reduced-by UM coverage?
- Does Georgia's hands-free law help prove the other driver was at fault?
- How does Georgia's 50% bar work at an intersection?
- What if a city or county vehicle hit you in Georgia?
- What should you do after a Georgia car crash?
- Common car accident cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Georgia rules for car accident claims
- Personal injury filing deadline
- 2 years
- Fault rule
- Modified comparative fault (50% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found 50% or more at fault.
- Claims against a government entity
- Shorter notice deadlineAnte litem notice is required: generally 6 months for cities and 12 months for the state.
Who pays for your injuries after a Georgia car crash?
The driver who caused the crash, through their liability insurance. Georgia is an at-fault state, so there is no no-fault system and no injury threshold to meet before claiming pain and suffering.
Several policies often work together. Optional medical payments coverage on your own policy can pay early bills regardless of fault. Your health insurance may also pay and later seek repayment. The at-fault driver's liability coverage pays for medical costs, lost income and pain and suffering up to its limits. When those limits are too low, your uninsured motorist coverage becomes critical.
What is the difference between add-on and reduced-by UM coverage?
Add-on coverage pays in addition to the at-fault driver's liability limits. Reduced-by coverage is offset by those limits, so it pays only the difference between them and your own UM limit.
Here is why it matters. Suppose the at-fault driver has a minimum policy and you carry a larger UM policy. With add-on coverage, you may collect the other driver's full limits plus your full UM limit. With reduced-by coverage, your UM limit is reduced by the amount the other driver's insurer pays. In a serious injury case, that difference can be substantial. Georgia also has specific procedures for serving your own UM carrier when a lawsuit is filed, so the claim needs careful handling. Many drivers do not know which type they bought, and some policies were switched at renewal without much notice. The declarations page usually shows the type, and our team confirms it before any settlement with the at-fault driver.
Does Georgia's hands-free law help prove the other driver was at fault?
It can. Georgia's hands-free law generally bars drivers from holding or supporting a phone while driving, and from texting or watching video behind the wheel.
A violation does not automatically decide the case, but it can be strong evidence of negligence. Phone records, app data and witness statements can show a driver was distracted at the moment of impact. These records must be requested through the legal process, and some carriers keep data only for limited periods, so early action helps. Distraction is a frequent factor on the Downtown Connector, I-285 and GA-400, where sudden slowdowns leave little room for error.
How does Georgia's 50% bar work at an intersection?
Your award is reduced by your share of fault, and you recover nothing if you are found 50% or more at fault. An even split of blame ends the claim.
Consider a T-bone crash at a busy intersection in Marietta. You entered on a stale yellow light, and the other driver accelerated from a stop before the light turned green while looking at a phone. A jury values your damages at $150,000.
- You are 20% at fault: you recover $120,000.
- You are 49% at fault: you recover $76,500.
- You are 50% at fault: you recover nothing.
That single percentage point between 49% and 50% is why traffic camera footage, signal timing records and phone evidence matter. Georgia's 2025 tort reform also changed some trial rules, including when seat belt evidence may be considered, so the dates of your crash and lawsuit affect which rules apply.
What if a city or county vehicle hit you in Georgia?
A claim against a government body requires an ante litem notice, generally within six months for cities and twelve months for the state. Claims against counties also carry a written notice requirement.
Garbage trucks, police cars, transit buses and public works vehicles are frequent sources of these claims. The notice must include specific information, and a defective notice can end the claim even if fault is clear. Learn more about government and public property claims. For rideshare crashes, see our rideshare and taxi accident practice, and for crashes with tractor-trailers, our Georgia truck accident page.
What should you do after a Georgia car crash?
Report the crash, get medical care and preserve evidence before talking to the other driver's insurer.
- Call 911 after any crash involving injuries; Georgia requires these crashes to be reported to police.
- Photograph vehicles, the intersection, signals and your injuries.
- Get names of witnesses and note any nearby cameras.
- Request your policy to see whether you have add-on or reduced-by UM coverage.
- Contact our team for a free case review. Our Georgia injury overview covers other deadlines.
Attorneys reviewing Georgia car accident cases
Frequently Asked Questions
Can I claim against my own policy if the Georgia driver who hit me had no insurance?
Yes, if you carry uninsured motorist coverage. Georgia insurers must offer it, and it applies when the at-fault driver has no insurance or too little. Your policy may also cover household members. Georgia has specific procedures for notifying your UM carrier, so the claim should be handled carefully to protect your rights.
Is a Georgia driver automatically at fault for using a phone?
Not automatically, but it can be strong evidence. Georgia's hands-free law generally bars holding or supporting a phone while driving. A violation may support a negligence claim if it contributed to the crash. Phone records, app data and witness statements help prove distraction, and they should be requested early.
How does Georgia's 2025 tort reform affect my car accident claim?
It depends on your dates. The 2025 law changed several trial rules, including how medical expenses are proven and when seat belt evidence may be considered. Some changes apply based on when the injury occurred or the case was filed. Our attorneys apply the version of the law that governs your specific claim.
What if I was a passenger in a Georgia car crash?
Passengers can usually claim against the driver who caused the crash, even if that driver was the person they were riding with. If both drivers share fault, the passenger can generally claim against both. A passenger's own UM coverage may also apply. Passengers are rarely found at fault themselves.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.