By Serdar Arslan, editor · Last reviewed · How we research
A crash with a city vehicle in Georgia starts a much faster clock than an ordinary claim. Written ante litem notice generally has to reach a city within 6 months, and a county or the State within 12 months, with each type of government setting its own rules on who receives it and how it is delivered. Against a private driver, the lawsuit deadline is generally 2 years for injuries and wrongful death and 4 years for vehicle and other property damage.
Fault is measured against a 50% line. A person found half or more responsible recovers nothing, and anyone below that has the award reduced by their share. Georgia is an at-fault state with 25/50/25 minimum liability limits, rising to 50/100/50 and then 100/300/100 for three years after a DUI conviction. Uninsured motorist coverage comes with a policy unless a named insured rejects it in writing. Compensatory damages carry no general cap, while punitive damages usually stop at $250,000 unless the defendant was impaired by alcohol or drugs or meant to cause harm. NHTSA counted 1,403 traffic deaths in Georgia in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of the injury Source: O.C.G.A. § 9-3-33 |
|---|---|
| Property damage deadline | Generally 4 years for damage to your vehicle or other personal property Source: O.C.G.A. §§ 9-3-31, 9-3-32 |
| Wrongful death deadline | Generally 2 years from the date of death Source: O.C.G.A. § 9-3-33 |
| Claims against a government entity | Before suing a government, you generally must send written (ante litem) notice: within 6 months of the crash for a city, within 12 months for a county, and within 12 months for the State of Georgia. The required recipient and delivery method differ by entity, and missing notice can bar the claim. |
| Fault rule | Modified comparative fault (50% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are 50% or more at fault. Source: O.C.G.A. § 51-12-33(a), (g) |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on compensatory damages in car accident cases. Punitive damages are generally capped at $250,000, but the cap does not apply in product liability cases, when the defendant acted with specific intent to cause harm, or when the defendant was under the influence of alcohol or drugs (O.C.G.A. § 51-12-5.1). |
| Reporting a crash | If a crash causes injury or death, or apparent property damage of $500 or more, you must report it to police right away by the quickest means, usually by calling 911. The responding officer's report generally satisfies the requirement. Source: O.C.G.A. § 40-6-273 |
Getting your crash report in Georgia
Request a copy from the agency that responded. Many Georgia police reports are sold online through BuyCrash, usually 3 to 5 business days after the crash. Reports from the Georgia Department of Public Safety can be bought through its online portal, and GDOT accepts mailed requests for $5 (money order or cashier's check). Local police records units may also provide copies. Official request page
Checking a Georgia lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Georgia – Member Directory
- Lawyer referral: Local and voluntary bar associations (via State Bar of Georgia)
1,403 people died in motor vehicle crashes in Georgia in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›When does the filing deadline run out after a Georgia crash?
Injury claims generally must be filed within 2 years of the crash (O.C.G.A. § 9-3-33), and wrongful death claims within 2 years of the death. Claims for damage to your vehicle or other property generally have 4 years (O.C.G.A. §§ 9-3-31, 9-3-32). Exceptions can apply, so check the statute or ask a licensed attorney if the date is close.
›Does being half to blame end my Georgia claim?
Yes. Under O.C.G.A. § 51-12-33, you recover nothing if you are 50% or more at fault. Below that line, your damages are reduced by your percentage of fault, so a person found 20% responsible keeps 80% of the award.
›How quickly must I notify a Georgia city, county or the State?
Written ante litem notice is generally due within 6 months of the crash for a city and within 12 months for a county or the State of Georgia. The required recipient and delivery method differ by entity. Missing the notice can bar the claim entirely.
›Does a DUI conviction change Georgia's insurance minimums?
Yes. The standard minimum is 25/50/25, but higher limits of 50/100/50, then 100/300/100, apply for three years after a DUI conviction under O.C.G.A. § 33-7-16.
›Are punitive damages limited in Georgia?
Generally, yes. Punitive damages are capped at $250,000 under O.C.G.A. § 51-12-5.1. The cap does not apply in product liability cases, when the defendant acted with specific intent to cause harm, or when the defendant was under the influence of alcohol or drugs. Compensatory damages have no general cap.
Sources
- O.C.G.A. § 9-3-33 (Justia)
- O.C.G.A. § 9-3-31 (Justia)
- O.C.G.A. § 51-12-33 (Justia, 2024)
- O.C.G.A. § 36-33-5 (Justia)
- O.C.G.A. § 50-21-26 (Justia)
- O.C.G.A. § 40-6-273 (Justia, 2022)
- Georgia DOT – Crash reporting
- State Bar of Georgia – Attorney referral FAQ
- Georgia Office of Commissioner of Insurance – Auto insurance