Georgia Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Georgia follows a traditional fault-based insurance system. This means that after an accident, the at-fault driver’s insurance is responsible for covering the damages.

Minimum coverage requirements: Under Georgia law, all drivers must carry minimum liability insurance, including:

• $25,000 for bodily injury liability per person
• $50,000 for bodily injury liability per accident
• $25,000 for property damage per accident

Uninsured/underinsured motorist (UM/UIM) coverage: UM/UIM coverage is optional in Georgia but highly recommended. This coverage protects you and your passengers if you are injured by an uninsured, underinsured, or hit-and-run driver. It ensures you can still recover compensation when the at-fault driver’s insurance is insufficient.

Medical Payments (MedPay) coverage: MedPay is an optional insurance add-on in Georgia that covers medical expenses for you and your passengers regardless of who is at fault. Unlike Personal Injury Protection (PIP) in no-fault states, MedPay is not mandatory in Georgia but can provide valuable financial assistance for immediate medical costs following an accident.

Penalties for non-compliance: Driving without the required insurance in Georgia can result in significant penalties, including fines of up to $185 for a first offense, suspension of driving privileges, reinstatement fees, and potential vehicle impoundment.

Rideshare drivers: In Georgia, rideshare drivers for companies like Uber and Lyft are subject to additional insurance requirements depending on their activity within the app:

• Logged into the app, no ride accepted:
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $25,000 property damage per accident
• Ride accepted or passenger on board: Rideshare companies like Uber and Lyft provide $1 million per accident in liability coverage, $1 million in UM/UIM coverage, and comprehensive and collision coverage with deductibles up to $2,500

To avoid gaps in protection, rideshare drivers should verify that their personal auto insurance policy does not exclude coverage during rideshare periods.

Optional coverages: While not required by Georgia law, these optional coverages can enhance your financial protection:

• Collision coverage: Pays for damage to your vehicle after a collision, regardless of fault
• Comprehensive coverage: Covers non-collision-related damages, such as theft, vandalism, or natural disasters
• Gap insurance: Helps pay off the remaining balance of a totaled vehicle’s loan or lease
• Rental reimbursement: Covers the cost of a rental vehicle while your car is being repaired after an accident

Fault Laws

Georgia’s fault laws determine how responsibility is assigned after an accident and how compensation is distributed.

Modified comparative negligence in Georgia

Georgia adheres to a 50% modified comparative negligence rule. This means that injured parties can recover damages only if they are found to be less than 50% at fault for the accident. If you are 50% or more at fault, you are barred from recovering compensation. For example, if you are deemed 20% responsible for an accident with total damages of $100,000, you can recover $80,000. However, if your fault reaches 50% or more, you cannot recover any damages under Georgia law.

Multi-vehicle collisions

In multi-vehicle accidents, Georgia assigns fault to each party based on their degree of negligence. Each party’s ability to recover compensation is reduced according to their percentage of fault. For instance, a driver found 30% at fault in a multi-car collision will have their compensation reduced by that percentage.

Special considerations for passengers

Passengers injured in an accident may file claims against the at-fault driver, whether it’s the driver of the vehicle they were in or another vehicle involved in the collision. However, passenger compensation can also be reduced under the modified comparative negligence rule if their actions contributed to their injuries, such as not wearing a seatbelt.

Statute of Limitations

Personal injury claims: In Georgia, you have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this period typically bars you from pursuing legal action for your injuries.

Property damage claims: Claims solely for property damage, such as vehicle repairs, must be filed within four years from the date of the accident.

Discovery rule: Georgia generally does not apply the discovery rule to personal injury cases; the statute of limitations usually starts on the date the injury occurred. However, in certain cases like medical malpractice, if the injury is not immediately apparent, the statute may begin upon discovery of the injury.

Claims involving minors or individuals with disabilities: If the injured party is a minor (under 18) or legally incompetent at the time of the accident, the statute of limitations may be tolled (paused). For minors, the two-year period typically begins when they turn 18.

Government claims: When the defendant is a government entity, specific procedures and shorter timeframes apply. For instance, claims against city or county governments often require an ante litem notice within six months, while claims against the state may require notice within one year.

Accident Reporting Requirements

In Georgia, reporting a car accident is mandatory under specific circumstances defined by state law. Proper compliance is essential for avoiding legal penalties, facilitating insurance claims, and supporting potential legal proceedings.

When to report an accident

You are legally required to report a motor vehicle accident to law enforcement immediately if any of the following conditions are met:

• Injury or death: If anyone involved in the accident is injured or killed
• Property damage: If property damage appears to exceed $500

Drivers should contact the local police department for accidents occurring within city limits. For incidents outside city limits, they would notify the Georgia State Patrol or county sheriff’s office. Failing to report an accident that meets these criteria can result in fines, potential license suspension, or other legal consequences.

Filing accident reports

If law enforcement does not respond to the scene or does not file a report, it becomes your responsibility to document the incident and report it. For this, you would:

1. Complete the Georgia Uniform Motor Vehicle Accident Report: This form is available through the Georgia Department of Driver Services (DDS)
2. Submit the report to your insurance company: While not mandatory to file with state agencies, this report can support your claim

Moving vehicles after an accident: Georgia law requires drivers to move vehicles to a safe location (such as the shoulder or emergency lane) if there are no severe injuries and it is safe to do so. Moving the vehicle does not imply fault and can help prevent further accidents or injuries.

How to access accident reports

Police reports are crucial for insurance claims and legal cases. In Georgia, you can obtain copies of your accident report through the following methods:

Online: You can request your report via the Georgia Department of Transportation (GDOT) Crash Reporting portal. A fee typically applies.

In-person: You can visit the records division of the police department or Georgia State Patrol office that investigated the accident.

By mail: You would submit a written request to the relevant law enforcement agency, including the incident report number and required fees.

Accident reports are generally available within 3-10 business days after the incident. Georgia retains crash records for several years, allowing you to request reports long after the event.

Additional considerations

• Deer-related crashes: Georgia experiences a high number of deer-vehicle collisions, especially during the fall and early spring. Drivers are encouraged to report these accidents to law enforcement, as insurance companies often require police documentation to process claims.
• Private property accidents: Accidents occurring on private property may not require a police report but should still be documented for insurance purposes.

Compensation Limits

Economic damages: Georgia does not cap economic damages, allowing victims to recover the full extent of their financial losses. These damages are designed to reimburse measurable, out-of-pocket expenses related to the accident, including medical bills and ongoing expenses, lost wages, loss of earning capacity, property damage, and other quantifiable costs directly related to the accident.

Non-Economic damages: Non-economic damages, which compensate for intangible losses, are also uncapped in Georgia. These damages include intangible losses such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life. The value of non-economic damages is typically calculated based on the severity of the injury and its long-term impact on the victim’s life.

Punitive damages: Punitive damages in Georgia are intended to punish the at-fault party for particularly egregious or reckless behavior, such as drunk driving or willful misconduct. However, these damages are capped at $250,000, except in cases involving:

• Intentional harm
• Product liability claims
• Cases where the defendant was under the influence of drugs or alcohol

In such situations, the cap may not apply, and courts can award higher punitive damages based on the specifics of the case.

Medical Coverage Considerations

In Georgia, understanding your medical coverage options after a car accident is essential to manage expenses and access necessary treatment. Various insurance options, payment plans, and legal provisions can help alleviate the financial burden while you recover.

Liability insurance: As an at-fault state, Georgia requires drivers to carry liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. The at-fault driver’s insurance typically pays for medical expenses, but compensation is often delayed until fault is determined and claims are settled.

Medical Payments Coverage (MedPay): MedPay is an optional auto insurance add-on in Georgia that covers medical expenses for you and your passengers, regardless of fault. It covers hospital visits, surgeries, rehabilitation, and diagnostic tests, and it provides quick payment for medical bills without requiring proof of fault. Benefits are capped at the policy’s limit, typically ranging from $1,000 to $10,000. However, once MedPay limits are exhausted, other resources, such as health insurance, may apply.

Health insurance: If you have health insurance, it may cover accident-related medical expenses after MedPay benefits are exhausted. However, you may still be responsible for co-pays, deductibles, and other out-of-pocket expenses.

• Insurance subrogation: If your health insurance covers medical costs and you later receive a settlement, the insurer may seek reimbursement from your recovery award, depending on the terms of your policy

Government benefits: Programs like Medicare and Medicaid can assist with medical expenses for eligible individuals. However, these benefits are conditional, meaning you may need to reimburse them if you receive a settlement.

Medical liens: Providers defer payment and secure reimbursement directly from your settlement or judgment.

Letters of protection: Your attorney guarantees payment to healthcare providers from any future settlement, allowing you to access care immediately.

Maximum Medical Improvement (MMI): Reaching MMI, the point at which further recovery is unlikely, is a critical milestone in personal injury claims. Settling a claim before reaching MMI could leave you undercompensated for ongoing medical needs.

Additional considerations:

• Payment plans: Many providers offer flexible payment plans for those unable to pay medical bills upfront
• Uninsured motorist coverage: If the at-fault driver is uninsured or underinsured, UM/UIM coverage can help cover medical costs
• Charitable clinics: Free or low-cost clinics in Georgia provide healthcare for uninsured individuals, though services may be limited

Unique Local Factors

Weather and road conditions: In Georgia, unique local factors significantly influence driving conditions and road safety. Challenges include heavy rainfall, particularly during spring and summer, which can lead to slippery roads and reduced visibility. Although snow and ice are infrequent, winter storms in northern Georgia can create hazardous icy conditions that increase the risk of accidents. Additionally, seasonal heavy rains may result in flash flooding, especially in low-lying areas, rendering some roads dangerous or impassable. To navigate these conditions safely, drivers are advised to ensure their vehicles have proper tire tread and functional windshield wipers while exercising caution during adverse weather.

Traffic congestion: This is another critical issue in Georgia, driven by a rapidly growing population and busy transportation hubs. The metropolitan Atlanta area is notorious for severe congestion on major highways such as I-75, I-85, and I-285 during peak commute hours. Ongoing construction projects further exacerbate this problem by creating bottlenecks that increase the likelihood of accidents.

Tourism and seasonal travel: Tourism also contributes to the state's traffic dynamics, as popular destinations like Atlanta, Savannah, and Stone Mountain attract large numbers of visitors year-round. Coastal areas, including Tybee Island, experience significant congestion during the summer months due to beach travel. Major events such as the Masters Tournament and various holidays lead to sharp increases in road traffic across the state, highlighting the need for drivers to remain vigilant in these high-traffic situations.

Pedestrian and cyclist activity: Urban centers such as Atlanta and Savannah, along with recreational trails like the Atlanta BeltLine, attract significant pedestrian and cyclist traffic. Drivers must remain vigilant near crosswalks, bike lanes, and areas with recreational activity to reduce collision risks.

Local Resources & Contacts

State agencies:

• Georgia Department of Driver Services (DDS): For driver’s license information and accident reporting 
  • Website: dds.georgia.gov
  • Phone: (678) 413-8400
• Georgia Department of Transportation (GDOT): Provides road conditions, crash reporting instructions, and traffic updates
  • Website: dot.ga.gov 
  • Phone: (404) 631-1990

Georgia State Patrol (GSP): Contact for accident reports, traffic enforcement, and public safety.

• Website: https://dps.georgia.gov  
• Phone: (404) 624-7700

Legal assistance: Consulting a Georgia personal injury attorney can help you navigate the complexities of accident claims. Attorneys can clarify liability issues, pursue compensation for injuries, and ensure you meet critical deadlines such as the statute of limitations. Many offer free consultations to evaluate your case.