Georgia injury law
How Fault Is Actually Proven
Physical evidence and data beat conflicting driver statements every time.
Fault is not decided by who sounds more credible on a recorded call. It is decided by the physical record: crush profiles, skid and yaw marks, event data recorder downloads, signal timing sheets, camera footage, cell phone records and independent witnesses. Most of that evidence has a short shelf life. Vehicles are repaired or salvaged, camera systems overwrite in as little as 72 hours, and commercial carriers are only required to keep certain logs for six months. The window to lock evidence down is measured in days, not months.
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 Comparative NegligenceRecover only if you are less than 50% at fault, with your award reduced by your share.
- 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.
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