After a car accident in Georgia, one of the most important legal questions is: how does fault determination affect insurance claims?
Georgia follows a legal rule called “modified comparative negligence” under O.C.G.A. § 51-12-33. This law establishes that if you share some responsibility for an accident, it may affect whether and how much compensation you can recover.
Understanding how Georgia courts and insurance companies apply this law can help you make informed decisions about your claim. However, every accident is different, and the specific facts of your situation determine how the law applies.
What is Modified Comparative Negligence in Georgia?
The Legal Standard: O.C.G.A. § 51-12-33
Georgia law uses a system called “modified comparative negligence with a 50% bar.”
The 50% bar rule is found in O.C.G.A. § 51-12-33(g), which provides that a plaintiff cannot recover damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.
The statute further provides in subsection (a):
“Where an action is brought against more than one person for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.”
What This Means in Practice
Under this law:
If you are less than 50% at fault:
- You may recover damages
- Your recovery will be reduced by your percentage of fault
- Example: If damages are $10,000 and you are 30% at fault, you may recover $7,000
If you are 50% or more at fault:
- You cannot recover any damages
- This is called the “50% bar”
- Even 50% exactly bars recovery (not just over 50%)
This rule applies to most car accident injury and property damage claims in Georgia.
How Georgia’s System Compares to Other States
Different states use different legal rules for determining fault in car accidents. Understanding Georgia’s approach requires knowing how it differs from alternatives.
Types of Fault Systems in the United States
1. Modified Comparative Negligence (50% Bar) – Georgia’s System
Legal rule: Under O.C.G.A. § 51-12-33(g), a plaintiff cannot recover damages if they are 50% or more at fault
States using this system: Georgia, Tennessee, and others
How it works: If you are less than 50% at fault, you may recover damages reduced by your percentage of fault. However, if you are exactly 50% at fault or more, you are completely barred from recovery.
2. Modified Comparative Negligence (Greater Than 50% Bar)
Legal rule: Bars recovery only if plaintiff is greater than 50% at fault (meaning 50% exactly still allows recovery)
States using this system: South Carolina, Colorado, Maine, and others use this approach
Key difference from Georgia: Allows recovery at exactly 50% fault (unlike Georgia where 50% bars recovery)
Recent Change – Florida: Florida transitioned to a modified comparative negligence system effective March 24, 2023. Under Florida Statute § 768.81(6), as amended by HB 837, a plaintiff is barred from recovery if greater than 50% at fault. This means Florida now allows recovery at exactly 50% fault, unlike Georgia’s stricter rule.
3. Pure Comparative Negligence
Legal rule: Allows recovery even if plaintiff is 99% at fault, with damages reduced proportionally
States using this system: California, New York, and some others
Example: If you are 90% at fault with $10,000 in damages, you could still recover $1,000 (10%)
Key difference from Georgia: No bar at any percentage; Georgia bars recovery at 50%
4. Contributory Negligence (Complete Bar)
Legal rule: Any fault by plaintiff, even 1%, completely bars recovery
States using this system: Alabama, North Carolina, Maryland, Virginia, District of Columbia
Example: If you are even 1% at fault, you recover nothing
Key difference from Georgia: Much stricter than Georgia’s 50% bar
Why the State Law Matters
For accidents near state borders:
- Accidents near Chattanooga (Tennessee border)
- Accidents near Augusta (South Carolina border)
- Accidents near Columbus (Alabama border)
The state whose law applies can significantly affect the outcome. For example, an accident at exactly 50% fault would bar recovery in Georgia but allow recovery (reduced by 50%) in South Carolina. Choice of law rules are complex and fact-specific. An attorney can help determine which state’s law applies to your specific accident.
How Insurance Companies Determine Fault Percentage
The Investigation Process
After a car accident, insurance companies typically conduct investigations to determine fault percentages. This process generally involves:
1. Reviewing the Police Report
- Officer’s narrative of the accident
- Diagrams of the accident scene
- Citations issued to either driver
- Witness statements recorded by police
Note: A police officer’s fault determination is not legally binding in civil claims, but insurance companies and courts often give it significant weight.
2. Examining Physical Evidence
- Vehicle damage patterns
- Skid marks and road conditions
- Traffic control devices (signals, signs, markings)
- Photographs of the scene
3. Analyzing Driver Statements
- Statements given at the scene
- Recorded statements to insurers
- Depositions (if litigation occurs)
Important: Statements you make can affect fault determination. Be cautious about what you say at the accident scene and to insurance adjusters.
4. Reviewing Applicable Traffic Laws
Georgia traffic laws that commonly affect fault determination include:
- O.C.G.A. § 40-6-49 (Following too closely)
- O.C.G.A. § 40-6-71 (Vehicles turning left at intersections – must yield to oncoming traffic)
- O.C.G.A. § 40-6-72 (Stop and yield signs – driver approaching shall stop or yield)
- O.C.G.A. § 40-6-48 (Driving within single lane – must maintain lane)
- O.C.G.A. § 40-6-20 (Obedience to traffic-control devices – signals and signs)
- O.C.G.A. § 40-6-123 (Turning movements and required signals)
Negligence Per Se: Violating Georgia’s traffic laws can constitute negligence per se, which means the violation establishes a breach of duty. However, plaintiffs must still prove that the violation caused their damages.
5. Consulting Experts (in complex cases)
- Accident reconstruction experts
- Traffic engineers
- Medical experts (for injury causation)
Hypothetical Examples: How Fault Percentages Work
Important Note: These are hypothetical, simplified examples for educational purposes only. Real accident cases involve many variables, and actual outcomes depend on specific facts and evidence. These examples do not predict results in any actual case.
Example 1: Single Fault Scenario (Rear-End Collision)
Hypothetical Situation:
- Driver A is stopped at a red light
- Driver B, following behind, is distracted and rear-ends Driver A
- No other contributing factors
Typical Fault Analysis:
- Driver B: 100% at fault (violated following distance/inattention under O.C.G.A. § 40-6-49)
- Driver A: 0% at fault
Damages Calculation:
- Driver A’s damages: $10,000
- Driver A’s fault: 0%
- Driver A may recover: $10,000 (no reduction)
Legal Basis: Rear-end collisions typically create a presumption that the following driver was negligent, though this presumption can be rebutted with evidence.
Example 2: Shared Fault Below 50% Bar
Hypothetical Situation:
- Driver A is changing lanes without proper signaling
- Driver B is speeding 15 mph over the limit in that lane
- Collision occurs
Possible Fault Analysis:
- Driver A: 35% at fault (improper lane change/signal violation under O.C.G.A. § 40-6-123)
- Driver B: 65% at fault (excessive speed, failure to avoid)
Damages Calculation:
- Driver A’s damages: $10,000
- Driver A’s fault: 35%
- Driver A may recover: $6,500 ($10,000 minus 35%)
Key Point: Because Driver A is less than 50% at fault, recovery is possible but reduced.
Example 3: Fault at Exactly 50% (Recovery Barred)
Hypothetical Situation:
- Four-way intersection with stop signs
- Both drivers approach at same time
- Both drivers proceed without clearly yielding (potential O.C.G.A. § 40-6-72 violations)
- Collision occurs
Possible Fault Analysis:
- Driver A: 50% at fault
- Driver B: 50% at fault
Damages Calculation:
- Driver A’s damages: $10,000
- Driver A’s fault: 50%
- Driver A may recover: $0 (50% bar applies)
Critical Legal Point: Under O.C.G.A. § 51-12-33(g), 50% fault exactly (not just over 50%) bars recovery entirely in Georgia. Even one additional percentage point of fault for the other driver (making it 51%/49%) could change the outcome.
This is why precise fault determination is critical in close cases.
Example 4: Shared Fault Above 50% Bar
Hypothetical Situation:
- Driver A runs a red light (violating O.C.G.A. § 40-6-20)
- Driver B is speeding moderately in cross-traffic
- Collision occurs
Possible Fault Analysis:
- Driver A: 75% at fault (ran red light, major violation)
- Driver B: 25% at fault (speeding contributed but had right of way)
Damages Calculation:
- Driver A’s damages: $10,000
- Driver A’s fault: 75%
- Driver A may recover: $0 (exceeds 50% bar)
Legal Principle: Running a red light is typically considered a serious violation that results in high fault percentage, often over 50%.
Example 5: Multiple Vehicle Accident and Several Liability
Hypothetical Situation:
- Three-car accident on highway
- Car A makes unsafe lane change (O.C.G.A. § 40-6-48 violation)
- Car B swerves to avoid Car A and hits Car C
- Car C was following Car B very closely (O.C.G.A. § 40-6-49 violation)
Possible Fault Analysis:
- Car A: 50% at fault (initiated unsafe situation)
- Car B: 20% at fault (could have braked instead of swerving)
- Car C: 30% at fault (following too closely, couldn’t stop)
Car C’s Recovery Calculation:
Step 1: Determine Car C’s total recoverable damages
- Car C’s total damages: $10,000
- Car C’s own fault: 30%
- Car C’s recoverable damages: $7,000 ($10,000 minus 30%)
Step 2: Apportion recovery under Georgia’s several liability rule (O.C.G.A. § 51-12-33(b))
Under Georgia law, each defendant pays only their proportionate share of the plaintiff’s total recoverable damages.
- Total fault of other parties: Car A (50%) + Car B (20%) = 70%
- Car A’s proportionate share: 50/70 = 71.4%
- Car B’s proportionate share: 20/70 = 28.6%
Car C may recover:
- From Car A: $5,000 ($7,000 × 71.4%)
- From Car B: $2,000 ($7,000 × 28.6%)
- Total recovery: $7,000
Important Legal Note on Georgia Several Liability: Georgia uses several liability under O.C.G.A. § 51-12-33(b), meaning each liable party pays only their apportioned share of fault, not the entire amount. In multi-vehicle accidents, fault is apportioned among all responsible parties, with each defendant responsible for their proportionate share of the plaintiff’s total recoverable damages.
Common Fact Patterns in Georgia Car Accidents
Left-Turn Accidents
General Rule: Under O.C.G.A. § 40-6-71, the left-turning driver must yield to oncoming traffic that is within the intersection or close enough to constitute an immediate hazard.
Typical Fault: Left-turning driver usually bears majority of fault
Exception: If the oncoming driver was speeding excessively, running a red light, or otherwise violated traffic laws, fault may be shared
Key Evidence:
- Traffic light timing (green, yellow, or red when turn began)
- Speed of oncoming vehicle
- Visibility conditions
- Witness testimony
Intersection Accidents
Contributing Factors:
- Right-of-way violations (O.C.G.A. § 40-6-72 – stop and yield requirements)
- Failure to obey traffic signals (O.C.G.A. § 40-6-20)
- Speed
- Visibility obstructions
- Driver inattention
Fault Determination Challenges:
- Often both drivers claim they had right-of-way
- Lack of witnesses
- Conflicting statements
Critical Evidence:
- Traffic camera footage
- Dash camera video
- Intersection traffic control records
- Independent witness testimony
- Vehicle damage patterns (indicate angle of impact)
Lane Change and Merge Accidents
General Duty: Georgia law requires drivers to ensure lane changes can be made safely and to use proper signals (O.C.G.A. § 40-6-123 and § 40-6-48)
Typical Fault Analysis:
- Driver changing lanes: Usually higher percentage of fault
- Driver in target lane: May share fault if speeding, not maintaining lane, or other violations
Important Variables:
- Was turn signal used?
- Was lane change safe and reasonable?
- Was other driver speeding?
- Were there blind spot issues?
Parking Lot Accidents
Legal Status: Parking lots are private property but Georgia traffic laws generally still apply
Common Issues:
- Both vehicles backing up simultaneously
- Unclear right-of-way rules
- Pedestrian traffic
- Inadequate visibility
Fault Determination: Often involves significant shared fault (sometimes 50/50), which under Georgia’s 50% bar can mean neither driver recovers from the other
What Affects Your Fault Percentage
Factors That May Increase Your Fault
Traffic Law Violations:
- Speeding
- Running red lights or stop signs (O.C.G.A. § 40-6-20)
- Illegal turns or failure to signal (O.C.G.A. § 40-6-123)
- Following too closely (O.C.G.A. § 40-6-49)
- Improper lane changes (O.C.G.A. § 40-6-48)
- Failure to yield (O.C.G.A. § 40-6-72)
- Distracted driving
- DUI/DWI
Admission of Fault:
- Statements at the scene (“I’m sorry, it was my fault”)
- Statements to insurance adjusters
- Social media posts about the accident
Important: Even apologizing at the scene can be interpreted as admitting fault. Be courteous but cautious in your statements.
Inconsistent Statements:
- Changing your story about what happened
- Contradicting physical evidence
- Conflicting with witness accounts
Factors That May Decrease Your Fault
Following Traffic Laws:
- Obeying speed limits
- Proper signaling (O.C.G.A. § 40-6-123)
- Yielding right-of-way when required
- Maintaining control of vehicle and lane (O.C.G.A. § 40-6-48)
Strong Evidence Supporting Your Version:
- Dash camera footage
- Traffic camera video
- Independent witness testimony
- Police report findings in your favor
- Physical evidence consistent with your account
Other Driver’s Violations:
- Citations issued to other driver
- Clear traffic law violations by other driver
- Evidence of distraction, impairment, or recklessness
Credible, Consistent Statements:
- Consistent account from scene through litigation
- Statement matches physical evidence
- Corroborated by witnesses
How Fault Determination Affects Your Insurance Claim
Property Damage Claims
If you are less than 50% at fault:
- You may file a claim against the at-fault driver’s property damage liability insurance
- Your recovery will be reduced by your fault percentage
- Example: $5,000 vehicle damage, you are 20% at fault = $4,000 potential recovery
If you are 50% or more at fault:
- You cannot recover from the other driver’s insurance
- You may file under your own collision coverage (if you have it)
- You will pay your collision deductible
- Your insurance rates may increase
Important Note: Georgia law requires drivers to maintain proof of financial responsibility (insurance) while operating a vehicle under O.C.G.A. § 40-6-10. According to the Georgia Office of Insurance and Safety Fire Commissioner, minimum property damage liability coverage is $25,000 per accident. However, this may not fully cover damages in serious accidents.
Bodily Injury Claims
If you are less than 50% at fault:
- You may file a claim against the at-fault driver’s bodily injury liability insurance
- Your recovery will be reduced by your fault percentage
- Medical bills, lost wages, pain and suffering all reduced proportionally
If you are 50% or more at fault:
- You cannot recover from the other driver
- You may use your own health insurance for medical bills
- You may have uninsured/underinsured motorist coverage through your own policy (coverage depends on policy terms)
- You may face a claim from the other driver
Georgia Minimum Bodily Injury Liability: According to the Georgia Office of Insurance and Safety Fire Commissioner, the required minimum is $25,000 per person / $50,000 per accident for bodily injury. Many serious injury cases exceed these minimums.
Multiple Claims and Allocation
When both drivers are injured and both are partially at fault (both under 50%):
Each driver’s claim is evaluated separately:
Hypothetical Example:
- Driver A: 40% at fault, $15,000 in damages
- Driver B: 60% at fault, $10,000 in damages
Driver A’s claim:
- May recover $9,000 from Driver B ($15,000 minus 40% = $9,000)
Driver B’s claim:
- May recover $0 from Driver A (60% fault exceeds 50% bar)
This shows why precise fault determination is critical when both parties are near the 50% threshold.
Timeline: How Fault Determination Happens
Immediately After the Accident (Day 1)
What Happens:
- Police respond and investigate (if called)
- Police report filed (includes officer’s preliminary fault assessment)
- Drivers exchange insurance information
- Initial statements made
Georgia Law Requirement: Under O.C.G.A. § 40-6-273, drivers must immediately report accidents resulting in injury, death, or property damage of $500 or more to the nearest police department or sheriff’s office.
Your Role:
- Call 911 if anyone is injured or property damage appears to exceed $500
- Document the scene (photos, video if safe to do so)
- Get witness contact information
- Obtain other driver’s insurance information
- Avoid admitting fault or apologizing for causing the accident
Days 1-7: Initial Investigation
What Happens:
- You report the accident to your insurance company
- Other driver reports to their insurance company
- Insurance companies begin investigating
- Adjusters may contact you for a statement
Your Role:
- Report the accident to your insurer promptly (required by policy)
- Provide factual information
- Be cautious about giving recorded statements
- Consider consulting an attorney before giving detailed statements
Important: You typically have a duty to cooperate with your own insurer under your policy. However, you generally do not have a legal duty to give a statement to the other driver’s insurance company.
Days 7-30: Detailed Investigation
What Happens:
- Insurance adjusters review police reports
- Physical evidence examined
- Vehicle damage appraised
- Witness statements obtained
- Fault percentage preliminarily assigned by insurers
Your Role:
- Provide requested documentation to your insurer
- Preserve evidence (repair estimates, medical records, photos)
- Keep records of all expenses
- Consider legal consultation if fault determination seems unfair
Days 30-90: Initial Fault Determination and Settlement Discussions
What Happens:
- Insurance companies communicate their fault assessments
- Initial settlement offers may be made
- Negotiations begin
Your Role:
- Review settlement offers carefully
- Understand how fault percentage affects offer
- Consider whether offer fairly compensates your damages
- Consult attorney if uncertain about fairness of offer
Important: Initial settlement offers, especially from the other driver’s insurer, are often lower than what may be ultimately recoverable. You are not obligated to accept the first offer.
Days 90+: Potential Dispute Resolution or Litigation
If Parties Disagree on Fault:
Option 1: Continued Negotiation
- Further investigation
- Exchange of additional evidence
- Revised settlement offers
Option 2: Appraisal or Arbitration
- Some insurance policies include appraisal or arbitration clauses
- Neutral third party evaluates fault and damages
- May be binding or non-binding depending on agreement
Option 3: Litigation
- Filing a lawsuit in Georgia civil court
- Formal discovery process
- Potential trial where jury determines fault percentage
- Judge applies the law to jury’s fault findings
Statute of Limitations:
- Personal Injury Claims: Under O.C.G.A. § 9-3-33, personal injury claims must be filed within 2 years from the date of the accident.
- Property Damage Claims: Under O.C.G.A. § 9-3-31, property damage claims must be filed within 4 years from the date of the accident.
Missing these deadlines typically means you lose the right to sue.
When to Consider Consulting an Attorney
The decision to consult an attorney is personal and depends on your specific situation. However, many people find legal consultation helpful in certain circumstances:
Situations Where Legal Consultation May Be Beneficial
1. Serious Injuries
- Hospitalizations
- Permanent injuries
- Significant medical bills
- Long-term or permanent disability
- Lost wages exceeding several weeks
2. Disputed Fault Near 50%
- Insurance company claims you are 50% or more at fault
- Evidence could support different fault percentages
- Small changes in fault percentage significantly affect recovery
3. Complex Accidents
- Multiple vehicles involved
- Commercial vehicles or trucks
- Government vehicles
- Unclear liability
4. Inadequate Insurance Coverage
- At-fault driver has minimum liability coverage
- Your damages exceed available insurance
- Uninsured or underinsured motorist issues
5. Insurance Company Issues
- Claim denied
- Unreasonably low settlement offer
- Bad faith insurance practices
- Delayed claim handling
6. Fatality Accidents
- Wrongful death claims have additional legal requirements
- Potential survival action claims
- Complex damages calculations
What an Attorney May Provide
Investigation and Evidence:
- Independent accident investigation
- Expert witness retention
- Evidence preservation
- Subpoena of records (traffic camera, cell phone records, etc.)
Legal Analysis:
- Evaluation of fault determination
- Review of applicable laws
- Assessment of claim value
- Analysis of insurance coverage
Negotiation:
- Communication with insurance companies
- Settlement negotiations
- Evaluation of settlement offers
Litigation:
- Filing lawsuit if necessary
- Discovery process
- Trial representation
- Appeals if needed
Important: Most personal injury attorneys work on a contingency fee basis, meaning they receive a percentage of recovery only if you recover compensation. Initial consultations are often free. Fee arrangements should be clearly explained in writing before you retain an attorney.
Important Georgia Laws Related to Fault Determination
Comparative Negligence Standard
O.C.G.A. § 51-12-33 – Reduction and Apportionment of Award
This is the fundamental statute establishing Georgia’s modified comparative negligence system with a 50% bar. Key provisions include:
- Subsection (g): Plaintiff cannot recover if 50% or more at fault
- Subsection (b): Georgia uses several liability; defendants are not jointly liable except in limited circumstances. Each liable party generally pays only their apportioned share of fault.
- The statute applies to actions against multiple defendants
- Fault is determined by the trier of fact (usually a jury)
- Damages are reduced in proportion to plaintiff’s percentage of fault
Traffic Laws Frequently Relevant to Fault
O.C.G.A. § 40-6-49 – Following Too Closely
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
Rear-end collisions often involve violations of this statute.
O.C.G.A. § 40-6-71 – Vehicles Turning Left
“The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard…”
Left-turn accidents frequently involve this statute.
O.C.G.A. § 40-6-72 – Vehicle Approaching Stop or Yield Sign
“Preferential right of way at an intersection may be indicated by stop signs or yield signs…”
This statute governs stop sign and yield sign violations at intersections.
O.C.G.A. § 40-6-48 – Driving on Roadways Laned for Traffic
“A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”
Lane change accidents often cite this statute.
O.C.G.A. § 40-6-20 – Obedience to and Required Traffic-Control Devices
“The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic-control device applicable thereto…”
Running red lights, ignoring traffic signals, or violating sign instructions violates this statute.
O.C.G.A. § 40-6-123 – Turning Movements and Required Signals
“No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.”
This statute requires proper signaling and safe execution of turns and lane changes.
O.C.G.A. § 40-6-270 – Hit and Run; Duty to Stop at or Return to Scene of Accident
“The driver of any vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of $500.00 or more shall immediately stop such vehicle at the scene of such accident…”
Leaving the scene of an accident (hit and run) violates this statute and can result in criminal charges.
O.C.G.A. § 40-6-273 – Duty to Report Accident
“The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the nearest office of a duly authorized police authority.”
This statute requires reporting accidents meeting the $500 threshold.
Insurance Laws
O.C.G.A. § 40-6-10 – Proof of Financial Responsibility
This statute requires drivers to maintain and provide proof of financial responsibility (insurance) while operating a vehicle. Violations can result in license suspension and other penalties.
Georgia Minimum Insurance Requirements: According to the Georgia Office of Insurance and Safety Fire Commissioner, Georgia requires minimum liability coverage of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
These minimums are often referred to as “25/50/25” coverage.
O.C.G.A. § 33-7-11 – Uninsured Motorist Coverage
Insurance policies sold in Georgia must offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. You can reject this coverage in writing, but it provides important protection if:
- The at-fault driver has no insurance
- The at-fault driver has inadequate insurance
- You are hit by an unidentified hit-and-run driver
Coverage requirements, limits, and terms vary by policy. Review your policy or consult your insurance agent about UM/UIM coverage.
Statutes of Limitations
O.C.G.A. § 9-3-33 – Injuries to the Person
“Actions for injuries to the person shall be brought within two years after the right of action accrues…”
What this means:
- Personal injury claims from car accidents must be filed within 2 years
- The 2-year period generally runs from the accident date
- Missing this deadline typically means losing the right to sue
O.C.G.A. § 9-3-31 – Injuries to Personalty (Property Damage)
“Actions for injuries to personalty shall be brought within four years after the right of action accrues…”
What this means:
- Property damage claims (vehicle damage, personal property) must be filed within 4 years
- Different deadline than personal injury claims
- Applies to damage to vehicles and other personal property
Limited Exceptions to Statutes of Limitations:
- Minor children (tolling until age 18 in some cases)
- Legal disability
- Fraudulent concealment
Critical: If you are approaching the deadline, consult an attorney immediately. Once the statute of limitations expires, you likely lose all legal rights to recovery, regardless of how strong your case is.
Protecting Your Rights After an Accident
At the Accident Scene
Do:
- Call 911 if anyone is injured or if property damage appears to be $500 or more (required under O.C.G.A. § 40-6-273)
- Move to safety if possible (out of traffic flow)
- Exchange information with the other driver:
- Name, address, phone number
- Driver’s license number
- Insurance company and policy number
- Vehicle license plate number
- Document the scene:
- Take photos of all vehicles (damage from multiple angles)
- Photograph the accident scene (road conditions, traffic signs, skid marks)
- Photo the other driver’s license and insurance card
- Get contact information from witnesses
- Report the accident as required by law (O.C.G.A. § 40-6-273)
- Be courteous to all parties
Don’t:
- Don’t admit fault or apologize for causing the accident
- Don’t argue with the other driver
- Don’t leave the scene (hit-and-run is a crime under O.C.G.A. § 40-6-270)
- Don’t sign anything except police forms or traffic citations
- Don’t discuss the accident in detail beyond factual information needed for the police report
- Don’t post about the accident on social media
After Leaving the Scene
Within 24 Hours:
- Report the accident to your insurance company (required by your policy)
- See a doctor if you have any injuries, even if they seem minor
- Write down everything you remember about the accident while it’s fresh
- Preserve evidence:
- Don’t repair your vehicle yet (insurance adjuster needs to inspect)
- Keep all receipts and documentation
- Save damaged clothing or personal items
Within First Week:
- Obtain the police report:
- Available through the Georgia Electronic Accident Reporting System (GEARS)
- Visit buycrash.com or contact the responding law enforcement agency
- Usually available within 3-5 business days
- Keep a file with all accident-related documents
- Track all expenses related to the accident:
- Medical bills
- Prescriptions
- Lost wages
- Transportation costs
- Property damage
- Follow up on medical treatment as recommended by doctors
- Consider legal consultation if:
- Injuries are serious
- Fault is disputed
- Insurance companies are not being reasonable
Dealing with Insurance Adjusters
Your Own Insurance Company:
- You have a duty to cooperate under your policy
- Provide truthful, factual information
- Report the accident promptly
- Allow them to inspect your vehicle
- Provide requested documentation
The Other Driver’s Insurance Company:
- You generally do not have a legal duty to give them a statement
- They represent the other driver, not you
- Their goal is to minimize what they pay
- Be cautious about giving recorded statements
- You may say: “I’m consulting with an attorney before giving a statement”
- Never sign a release without understanding what you’re releasing
Important: Insurance adjusters are trained professionals whose job includes minimizing claim payouts. Be courteous but cautious. You are not obligated to accept the first settlement offer.
Social Media Warning
Critical: Insurance companies and defense attorneys regularly review social media accounts of accident claimants.
What they look for:
- Posts suggesting you caused the accident
- Photos or videos contradicting injury claims
- Check-ins or activities inconsistent with claimed injuries
- Comments about the accident
- Posts deleted after the accident (can be recovered and look suspicious)
Best Practice:
- Do not post about the accident at all
- Do not post photos or updates about your activities during claim
- Review your privacy settings
- Tell friends and family not to post about you or tag you
- Assume anything you post may be seen by the insurance company
Why it matters: A single social media post can significantly affect fault determination and claim value. Example: Posting “I can’t believe I wasn’t paying attention” can be used as an admission of fault.
Frequently Asked Questions
What if the police report says I was at fault?
Answer: A police report is important evidence, but it is not legally binding in civil claims. The police officer typically was not a witness to the accident and bases the report on statements and scene evidence.
If you believe the police report is inaccurate:
- You may be able to file a supplemental report
- Your attorney can investigate and develop contrary evidence
- Insurance companies and courts can reach different conclusions than the police report
- The final fault determination may differ from the police report
However, overcoming a police report that assigns you fault requires strong contradictory evidence.
Can I be found at fault even if I wasn’t given a ticket?
Answer: Yes. Receiving or not receiving a traffic citation does not determine civil fault.
- Civil liability standards differ from criminal traffic violations
- You can be partially at fault without violating a specific traffic law
- Conversely, you can receive a ticket but have the other driver bear majority fault
- Insurance companies and courts make independent fault determinations
What if the other driver doesn’t have insurance?
Answer: If the at-fault driver is uninsured, your options may include:
1. Your Uninsured Motorist Coverage:
- If you have UM coverage (offered under O.C.G.A. § 33-7-11), file a claim with your own insurer
- UM coverage typically follows the same comparative fault rules
- Your insurer pays (up to your UM limits) if you are less than 50% at fault
2. Personal Lawsuit Against Uninsured Driver:
- You can sue the uninsured driver personally
- However, uninsured drivers often lack assets to pay a judgment
- Collection can be difficult or impossible
Prevention: Carrying adequate uninsured motorist coverage is the best protection.
What if I’m hit by an Uber or Lyft driver?
Answer: Rideshare accidents involve complex insurance issues:
If rideshare driver was at fault, coverage depends on driver status:
- Period 1 (App on, no ride accepted): Contingent coverage of $50,000 per person / $100,000 per accident / $25,000 property damage
- Periods 2 & 3 (Ride accepted, en-route to passenger, or passenger in vehicle): $1,000,000 third-party liability coverage
Note: These coverage amounts reflect the platforms’ stated policies (Uber and Lyft maintain similar coverage structures). Specific coverage depends on the exact circumstances at the time of the accident.
If you were the rideshare passenger:
- Same coverage applies based on driver status
- You may also have a claim against another at-fault driver
- Your own insurance may provide coverage
Comparative fault rules still apply (O.C.G.A. § 51-12-33) to determine if you can recover and how much.
These cases often require legal assistance due to multiple insurers and complex coverage issues.
What if the accident happened in a parking lot?
Answer: Parking lot accidents are governed by Georgia traffic laws even though they occur on private property.
Common issues:
- Both vehicles backing up: Often results in shared fault, frequently near 50/50
- One vehicle moving, one parked: Moving vehicle usually majority at fault
- Unclear right-of-way: Parking lots don’t always have clear traffic control
Challenge: Parking lot accidents often involve 50/50 or close fault determinations, which in Georgia means both drivers may be barred from recovery under the 50% rule.
Evidence is critical: Dash cameras, security camera footage, and witnesses are especially important in parking lot accidents.
Can fault determination change during the claims process?
Answer: Yes. Fault percentages can change as new evidence emerges:
During insurance investigation:
- Additional witnesses come forward
- New physical evidence discovered
- Experts analyze the accident
- Contradictions in initial statements revealed
During litigation:
- Formal discovery reveals new facts
- Depositions provide detailed testimony
- Expert witnesses opine on fault
- Documents subpoenaed
At trial:
- Jury makes ultimate fault determination
- Jury is not bound by insurance companies’ fault assessments
- Evidence presented at trial may differ from what insurers reviewed
Implication: Early fault assessments by insurance companies are not final. If you disagree with a fault determination, additional investigation or litigation may change the outcome.
What if I was partially at fault but the other driver was drunk?
Answer: If the other driver was intoxicated, this is strong evidence of their fault, but comparative fault rules still apply.
How DUI affects fault:
- Driving under the influence is negligence per se in Georgia
- Creates strong presumption of fault
- Typically results in high fault percentage for impaired driver
- May support punitive damages claim
However:
- You can still be assigned partial fault for your own actions
- Example: If you ran a red light and hit a drunk driver who had the green light, you might still be majority at fault despite the other driver’s DUI
- Each driver’s conduct is evaluated separately
Practical result: Most often, a DUI driver will be assigned very high fault percentage (often 75-100%), but comparative fault analysis still occurs under O.C.G.A. § 51-12-33.
Additional note: DUI accidents may involve criminal prosecution of the drunk driver, but the criminal case is separate from your civil claim.
How long does fault determination take?
Answer: Timeline varies significantly based on case complexity:
Simple, clear-fault cases:
- 2-4 weeks for initial insurance determination
- Settlement may occur within 30-90 days
Disputed fault cases:
- 1-3 months for thorough investigation
- 3-6 months for settlement negotiations
- 1-2+ years if litigation is necessary
Factors that extend timeline:
- Disputed facts
- Multiple vehicles
- Serious injuries (settlement usually waits until treatment is complete)
- Multiple insurance companies
- Inadequate insurance coverage
- Litigation
Important: Georgia’s statute of limitations continues to run regardless of how long fault determination takes:
- 2 years for personal injury claims (O.C.G.A. § 9-3-33)
- 4 years for property damage claims (O.C.G.A. § 9-3-31)
Do not assume that because negotiations are ongoing, you have unlimited time to file a lawsuit if necessary.
What if both drivers claim the other ran a red light?
Answer: Conflicting statements about traffic signals are common and challenging.
Evidence that can resolve the dispute:
- Traffic camera footage: Municipalities sometimes have cameras at major intersections
- Dash cameras: Either driver’s camera or other vehicles nearby
- Independent witnesses: Witnesses who are not friends/family of either driver
- Traffic signal records: Some systems log signal timing
- Vehicle damage analysis: Damage patterns can indicate impact angles and sometimes speed
- Cell phone records: May show distraction if driver was using phone
If no clear evidence exists:
- Insurance companies may assign 50/50 fault
- Under Georgia’s 50% bar (O.C.G.A. § 51-12-33), neither driver recovers from the other
- Each driver uses their own collision coverage (if they have it)
Why this matters: This scenario illustrates the value of dash cameras and the importance of seeking witnesses at the accident scene.
Understanding Georgia’s At-Fault Insurance System
Georgia is an “At-Fault” State
Important Distinction: Georgia is NOT a “no-fault” insurance state.
What this means:
- You must prove the other driver was at fault to recover from their insurance
- The at-fault driver’s liability insurance pays for others’ injuries and property damage
- Comparative fault rules (O.C.G.A. § 51-12-33) apply
- There is no automatic insurance payment regardless of fault
According to the Georgia Office of Insurance and Safety Fire Commissioner, Georgia uses a traditional tort liability system where the at-fault driver is responsible for damages caused.
No-Fault States (Georgia is NOT one)
For comparison, “no-fault” states work differently:
In no-fault states:
- Each driver’s own insurance (Personal Injury Protection/PIP) pays their medical bills and lost wages, regardless of who caused the accident
- You generally cannot sue the other driver unless injuries meet a “serious injury threshold”
- Property damage claims typically still use fault-based system
Georgia does not use this system. In Georgia:
- You recover from the at-fault driver’s liability insurance
- Fault determination is critical
- Comparative fault rules apply (O.C.G.A. § 51-12-33)
- No mandatory PIP coverage (though PIP may be available as optional coverage in some policies)
Why this matters: If you’re accustomed to no-fault insurance from another state, Georgia’s system is fundamentally different. Fault determination is essential to recovering compensation.
When Fault Determination May Affect Other Legal Issues
Impact on Criminal Cases
Separate Systems: Civil fault determination and criminal liability are separate.
Criminal charges possible:
- Vehicular homicide (O.C.G.A. § 40-6-393)
- Serious injury by vehicle (O.C.G.A. § 40-6-394)
- Hit and run (O.C.G.A. § 40-6-270)
- Reckless driving (O.C.G.A. § 40-6-390)
- DUI (O.C.G.A. § 40-6-391)
Relationship between criminal and civil cases:
- Criminal conviction can be used as evidence in civil case
- Criminal case must be proven “beyond reasonable doubt” (higher standard)
- Civil case must be proven by “preponderance of evidence” (lower standard)
- You can be found at fault in civil case even if not criminally charged
- You can be acquitted criminally but still held liable civilly
If you face criminal charges: Consult a criminal defense attorney immediately. Statements you make in criminal proceedings may affect your civil case.
Impact on Your Driving Record and License
Georgia Department of Driver Services (DDS):
Points System:
- Traffic convictions add points to your driving record
- Accumulating too many points can result in license suspension
- Points from fault accidents affect your record
- Example: “Failure to yield right of way” = 3 points
License Suspension:
- Too many points (15+ in 24 months for drivers 21+)
- Serious offenses (DUI, reckless driving)
- Hit and run (O.C.G.A. § 40-6-270)
- Driving without insurance (O.C.G.A. § 40-6-10 violation)
Insurance Rate Impacts:
- At-fault accidents typically increase insurance premiums
- Multiple at-fault accidents can result in policy non-renewal
- Points on your record increase rates
SR-22 Requirement:
- High-risk drivers may be required to file SR-22 (proof of insurance)
- Required after certain violations
- More expensive insurance
Important: Civil fault determination in insurance claims is separate from DDS administrative actions, but traffic convictions affect both.
Impact on Employment
Commercial Drivers:
- Commercial Driver’s License (CDL) holders face stricter rules
- At-fault accidents can affect CDL status
- Employers may terminate based on driving record
- FMCSA regulations impose additional requirements
Employees Who Drive for Work:
- At-fault accidents in company vehicles may affect employment
- Employers often check driving records
- Insurance issues may make you uninsurable for company
Impact on Future Insurance Coverage
Effect of At-Fault Accidents:
- Higher premiums (often 20-40% increase or more)
- Longer duration of rate increases (typically 3-5 years)
- Possible policy non-renewal
- Difficulty finding affordable coverage
- May be placed in “assigned risk pool” (expensive)
Claims History Follows You:
- Insurance companies share claims information
- At-fault accidents reported to CLUE (Comprehensive Loss Underwriting Exchange)
- Future insurers see your claims history
Additional Resources
Georgia Government Resources
Georgia Department of Driver Services (DDS)
- Website: dds.georgia.gov
- Driving records, license information, traffic laws
Georgia Office of Insurance and Safety Fire Commissioner
- Website: oci.georgia.gov
- Insurance complaints, company information, consumer guidance on auto insurance requirements
Georgia Governor’s Office of Highway Safety
- Website: gahighwaysafety.org
- Traffic safety information, crash statistics
Georgia Electronic Accident Reporting System (GEARS)
- Website: buycrash.com
- Purchase official police reports online
- Operated in partnership with Georgia Department of Transportation
Legal Resources
State Bar of Georgia
- Website: gabar.org
- Attorney search, legal resources, consumer information
- Lawyer referral service
Georgia Legal Aid
- For low-income individuals
- May provide free legal assistance in some matters
- Visit: glsp.org or call 1-844-446-5552
Obtaining Your Police Report
How to get your accident report:
1. Georgia Electronic Accident Reporting System (GEARS)
- Website: buycrash.com
- Purchase official police reports online
- Usually available within 3-5 business days of accident
- Requires payment (small fee)
2. Directly from the Law Enforcement Agency
- Contact the police department or sheriff’s office that responded
- May require in-person visit
- Small fee typically required
What you need:
- Date of accident
- Location of accident
- Case number or your driver’s license number
- Valid identification
Final Important Reminders
Key Takeaways About Georgia’s Fault System
- The 50% Bar is Absolute (O.C.G.A. § 51-12-33)
- If you are 50% or more at fault, you cannot recover damages
- Even exactly 50% bars recovery completely
- One percentage point can mean the difference between recovery and nothing
- Fault Percentages Are Negotiable (To A Point)
- Insurance companies’ fault determinations are not final
- Additional evidence can change fault assessment
- Litigation puts fault determination to a jury
- Your Actions and Statements Matter
- What you say at the scene can affect fault
- Social media posts can be used against you
- Consistency in your account is important
- Evidence Is Critical
- Document the scene thoroughly
- Preserve all evidence
- Get witness contact information
- Consider dash cameras for future protection
- Time Limits Are Strict
- 2-year statute of limitations for personal injury (O.C.G.A. § 9-3-33)
- 4-year statute of limitations for property damage (O.C.G.A. § 9-3-31)
- Missing the deadline means losing all rights to sue
- Insurance negotiations do not extend this deadline
- Insurance Minimums May Be Inadequate
- Georgia minimums: $25,000 per person/$50,000 per accident for bodily injury; $25,000 for property damage
- Serious injury claims often exceed these amounts
- Uninsured/underinsured motorist coverage (O.C.G.A. § 33-7-11) protects you
- Every Case Is Different
- General rules do not predict specific outcomes
- Your specific facts determine how the law applies
- When in doubt, consult a qualified attorney
When Legal Advice Is Important
This article provides general legal information to help you understand Georgia’s comparative fault system. However, it cannot and does not address your specific situation.
Consider consulting a Georgia attorney when:
- You have questions about your specific accident
- You disagree with a fault determination
- Your injuries are serious or permanent
- Fault percentage is close to 50%
- The other driver was uninsured or underinsured
- Insurance companies are not treating you fairly
- You are approaching the statute of limitations deadline
- You are uncertain about the value of your claim
- The accident involved complex factors
Most personal injury attorneys offer free initial consultations and work on contingency fee basis (no fee unless you recover).
Important Legal Disclaimer
Please read carefully:
This article provides general information about Georgia law for educational purposes only. It is not legal advice and does not create an attorney-client relationship.
Every accident is different. The outcome of your case depends on your specific facts, available evidence, applicable law, and many other factors. Nothing in this article predicts or guarantees any outcome in your case.
Georgia law is complex and subject to interpretation by courts. Laws change through new statutes and court decisions. This article reflects general legal principles as of 2025 but may not reflect the most current legal developments.
For legal advice about your specific situation, consult a qualified Georgia attorney licensed to practice law in Georgia. Do not rely on this article as a substitute for personalized legal advice from an attorney who knows the specific facts of your case.
Time-sensitive rights: Car accident claims are subject to strict deadlines:
- Personal injury: 2 years (O.C.G.A. § 9-3-33)
- Property damage: 4 years (O.C.G.A. § 9-3-31)
If you think you may have a claim, contact an attorney promptly to avoid losing your legal rights.
No attorney-client relationship: Reading this article, visiting our website, or contacting us does not create an attorney-client relationship. An attorney-client relationship is created only when you sign a written engagement agreement with an attorney.
Past results: Any references to case results or outcomes are for informational purposes only and do not guarantee similar results in other cases. Every case is unique.
About Prine Law Group
Prine Law Group has represented car accident victims and personal injury clients throughout Middle Georgia. Our attorneys are licensed to practice in Georgia and experienced in handling comparative fault claims under O.C.G.A. § 51-12-33.
We offer:
- Free initial consultations
- Contingency fee arrangements (no fee unless we recover compensation for you)
- Personalized attention to your case
- Direct attorney-client communication with no junior associates or bureaucracy
- Experienced trial lawyers ready to stand up for you
Areas We Serve:
- Macon, Georgia
- Dublin, Georgia
- Bibb County
- Laurens County
- Monroe County
- Communities throughout Middle Georgia
Contact Us:
- Phone: 478-257-6333
- Address: 740 Mulberry Street, Macon, Georgia 31201
- Fax: 478-257-6345
Free Consultation: Call 478-257-6333 to discuss your accident with an experienced Georgia car accident attorney. No obligation. Confidential.
Our Attorneys:
- Joseph R. Prine Jr.
- Michael William Barber
- Dylan “Zane” Hasty
Professional Affiliations:
- State Bar of Georgia
- Georgia Trial Lawyers Association (GTLA)
- American Association for Justice
- Martindale-Hubbell AV Preeminent Rated (Peer Rated for Highest Level of Professional Excellence)
- Avvo Rated
Prine Law Group | Experienced Trial Lawyers
740 Mulberry Street, Macon, Georgia 31201
Phone: 478-257-6333
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Georgia attorney about your specific situation.