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What should I do after a car accident in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Georgia is an at-fault (tort) state governed by Title 40 (Motor Vehicles) and Title 51 (Torts) of the Official Code of Georgia Annotated.

1. Immediate Steps at the Scene

  • Stop and exchange information (O.C.G.A. § 40-6-270). Hit-and-run with injury is a felony.
  • Render reasonable aid.
  • Call 911 for any injury or significant damage.
  • 2. Mandatory Reporting

  • Police: Required for injury, death, or apparent damage exceeding $500 (O.C.G.A. § 40-6-273).
  • The investigating officer files Form SR-13; the driver may file SR-13 personally if police did not investigate.
  • Notify your insurer promptly.
  • 3. Minimum Liability Insurance

    25/50/25 ($25,000 per person / $50,000 per accident / $25,000 property damage) under O.C.G.A. § 33-7-11.

    4. Modified Comparative Negligence — 50% Bar

    Under O.C.G.A. § 51-12-33, a plaintiff is barred from recovery if their fault is 50% or more. Recovery is allowed at 49% or less, reduced by the plaintiff's share. Note: this is the stricter "50% bar," not the "51% bar" used in TX/IL.

    5. Statute of Limitations

  • Personal injury: 2 years (O.C.G.A. § 9-3-33).
  • Property damage: 4 years (O.C.G.A. § 9-3-32).
  • Wrongful death: 2 years (O.C.G.A. § 9-3-33).
  • Claims against the State: Ante litem notice within 12 months under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26).
  • Claims against municipalities: 6-month ante litem notice (O.C.G.A. § 36-33-5).
  • 6. Direct Action Against Trucking Insurer

    Georgia previously allowed direct action against motor-carrier liability insurers; SB 426 (2024) modified this rule, generally now requiring suit against the carrier first.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • A municipal vehicle is involved (6-month ante litem notice)
    • A state vehicle/agency is involved (12-month ante litem notice)
    • Insurer asserts you bear 50% or more responsibility
    Related Statutes & Laws
    • O.C.G.A. § 33-7-11
    • O.C.G.A. § 40-6-270
    • O.C.G.A. § 40-6-273
    • O.C.G.A. § 51-12-33
    • O.C.G.A. § 9-3-33
    • O.C.G.A. § 36-33-5

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.