Georgia injury law
Georgia Comparative Negligence
Recover only if you are less than 50% at fault, with your award reduced by your share.
Georgia follows modified comparative negligence under O.C.G.A. 51-12-33. If a jury finds you 20% responsible for a 500,000 verdict, you receive 400,000. If it finds you 50% or more responsible, you receive nothing. This single rule explains almost every adjuster tactic you will encounter: the recorded statement, the questions about your speed, whether you were looking at your phone, and why you were in the crosswalk when you were. Fault percentage is not a technicality in Georgia. It is the case.
Georgia at a glance
- Deadline
- Two years from the date of the crash for personal injury and wrongful death claims (O.C.G.A. 9-3-33). Property damage claims get four years. Claims against a city, county, or the state carry ante litem notice deadlines as short as six months.
- Fault rule
- Modified comparative negligence with a 50% bar (O.C.G.A. 51-12-33). You can recover as long as you are less than 50% at fault, but your award is reduced by your share of the blame.
- Min. coverage
- $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage. Georgia does not require uninsured motorist coverage, but insurers must offer it in writing.
More Georgia law
Related rules
- Damages You Can Recover in GeorgiaMedical costs, lost income, future care, pain and suffering, and in some cases punitive damages.
- Dealing With Insurance AdjustersYou are not required to give a recorded statement to the other driver's insurer.
- Georgia Insurance Minimums & UM Coverage25,000 per person minimum, which is why uninsured motorist coverage often decides recovery.
- Georgia Statute of LimitationsYou generally have two years from the date of the crash to file suit in Georgia.
- How Fault Is Actually ProvenPhysical evidence and data beat conflicting driver statements every time.
No Fee Unless We Win