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Written byMichelle Lambright Black
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Michelle Lambright Black is a credit expert, freelance writer, and founder of CreditWriter.com. She has over 20 years of experience writing and speaking about credit and money, and focuses on helping families and small business owners make smart, informed decisions about their credit, money, and financial products (including insurance). Michelle's work has appeared in publications such as Yahoo! Finance, Reader's Digest, Parents, FICO, Forbes, Bankrate, The Seattle Times, MarketWatch, BuySide from Wall Street Journal, USA Today, and more. She's also a three-time finalist for the best personal finance freelancer award from the Plutus Foundation. When she isn't writing or speaking about credit and money, Michelle loves to travel with her family or read a good book. You can connect with Michelle on Instagram or Twitter.
Michelle has been a contributor at Insurify since September 2023.
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Edited bySarah Archambault
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Experienced personal finance writer
Background working with banks and insurance companies
Sarah enjoys helping people find smarter ways to spend their money. She covers auto financing, banking, credit cards, credit health, insurance, and personal loans.
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Reviewed byJohn Leach
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John LeachLicensed P&C Agent, Senior Insurance Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
John leads Insurify’s copy desk, helping ensure the accuracy and readability of Insurify’s content. He’s a licensed agent specializing in home and car insurance topics.
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Table of contents
Georgia is an at-fault state, not a no-fault state. This means it uses a fault, or tort, car insurance system. After a crash in Georgia, the at-fault driver is financially responsible for injuries and damages.
If you’re not responsible for the crash, the other driver’s liability coverage should cover your costs. Typically, you can also sue the at-fault driver, but there may be limitations.[1]
When shopping for Georgia car insurance, understanding how at-fault insurance works and Georgia’s minimum liability insurance requirements can help you protect yourself financially.
Here’s a closer look at how Georgia’s at-fault car insurance works.
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Georgia is an ‘at-fault’ car insurance state
Georgia follows an at-fault car insurance system. When a collision happens, the at-fault driver’s insurance pays for accident-related damages. As a result, every Georgia driver is required by law to carry Georgia’s minimum liability coverage.[2]
Georgia uses a tort liability system for auto accidents. This means injured drivers can seek damages through the court system if the at-fault party refuses to accept financial responsibility after an accident. Because fault determines who pays, drivers in the Peach State rely heavily on liability insurance to cover accident costs.[3]
What are shared fault rules in Georgia?
Shared fault rules in Georgia determine comparative negligence after an accident. This means more than one driver can share fault and financial responsibility. But fault after a crash isn’t always split evenly, and sometimes must be determined in court.
For example, if a driver runs a red light and hits you, but law enforcement officials determine that you were also speeding, you might share fault for the accident. While the other driver might be 90% at fault, a court could say you were 10% responsible for causing the crash. If you’re partially at fault, you can still recover some damages, as long as your share of blame is less than 50%.
At-fault vs. no-fault car insurance
At-fault and no-fault car insurance systems handle accident responsibility in very different ways.
Drivers in at-fault states, like Georgia, rely on the at-fault party’s insurance company for compensation in car accident claims. Drivers in at-fault states must meet minimum state liability car insurance requirements to make sure other drivers are protected in the event of a crash.
But drivers in no-fault states file claims with their own insurance regardless of responsibility. The goal of a no-fault system is to cut down on car insurance costs by reducing litigation and insurance payout delays.
No-fault car insurance systems usually require personal injury protection. PIP can cover medical costs for insured drivers and their passengers, lost wages for accident victims, and funeral expenses. Uninsured or underinsured motorist (UM/UIM) coverage may also be required.[4]
Below are some key differences between at-fault and no-fault insurance systems.
Insurance Factor  | At-Fault System | No-Fault System |
|---|---|---|
| Whose policy pays for property damage in case of an accident? | The insurance company of the driver who caused the accident | Your insurance company, regardless of who caused the accident |
| Medical coverage | At-fault party pays for injuries and medical costs | Drivers use PIP |
| Ability to sue | Injured party may pursue damages if losses exceed policy limits | Drivers typically face limits unless injuries meet serious thresholds |
Only 12 states currently use no-fault systems: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
Minimum car insurance requirements in Georgia
Georgia requires all drivers to carry liability insurance in the following minimum amounts:
Bodily injury liability: $25,000 per person and $50,000 per accident
Property damage liability: $25,000 per accident
Optional car insurance coverages in Georgia
On top of state minimum insurance coverage, Georgia drivers may also want to consider extra financial protection when they get behind the wheel:
Comprehensive coverage
Comprehensive insurance pays for repairs to your vehicle after a car accident, regardless of fault.
Collision coverage
Collision insurance pays for non-crash damage such as theft, fire, hail, and vandalism.
Medical payments (MedPay) coverage
MedPay can help pay for medical bills for you and your passengers after a car crash.
UM/UIM coverage
This coverage protects you if you’re in an accident with an at-fault driver who carries no insurance or not enough insurance.
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What to do in case of a car accident in Georgia
Car accidents can create confusion and stress. After a car accident in Georgia, follow these steps:[5]
Check for injuries and call 911. Georgia law requires an accident report when injuries, deaths, or significant property damage take place in an auto accident.
Move to safety. Shift vehicles out of traffic if it’s safe to do so.
Exchange information. Gather names, insurance information, driver’s license numbers, and contact information for all involved drivers.
Document the scene. Take photos of vehicles, injuries, skid marks, and road conditions. Note the weather and any other factors that may have contributed to the accident. Gather witness information and check for nearby cameras.
File a police report. After you call the police to report an accident, an officer will visit the accident scene to document the incident, file a report, and assist with vehicle towing. Make note of the officer’s name and badge number and ask how to get a copy of the police report. You may need this to help determine fault.
Notify your insurance company to file a claim. Report the accident promptly, even if you believe the other driver caused the crash. Your insurer can help you start the claims process.
Request medical care. Injuries aren’t always apparent after a car accident. If you think you may have been hurt, visit an urgent care center, emergency room, or your doctor for an exam. Keep your medical records handy, as you may need them for your insurer or in court.
Track damages and claim documents. Keep copies of estimates, receipts, and reports so you can support your insurance claim.
Follow up on your claim. Determining fault in Georgia is sometimes challenging and can affect how your claim is processed. Stay in touch with your insurer and promptly follow up with requests for more information and legal needs.
Georgia car insurance FAQs
Understanding Georgia’s at-fault rules after an accident can be confusing, especially when more than one driver may be at fault. The answers below address some common questions about Georgia’s at-fault car insurance system.
What if an at-fault driver is uninsured in Georgia?
If an at-fault driver is uninsured in Georgia, they may be unable to pay for accident damages or injuries. UM/UIM coverage can help protect you financially from uninsured and underinsured Georgia drivers. You may also be able to sue the at-fault driver, but compensation isn’t guaranteed.
Is Georgia a 50/50 state in car accidents?
No, Georgia isn’t a 50/50 state. Instead, it uses a comparative negligence system to assign shared fault. Law enforcement, insurers, and the courts decide each driver’s share of responsibility after an accident. Drivers who hold less than 50% of the fault may recover damages.
Will your Georgia car insurance rate go up if you’re not at fault in an accident?
Your insurance company could decide to increase your premium if you file a claim. But the decision depends on your insurer and other factors, like your accident history. If you share fault for the crash, your rates may increase.[6]
Should you hire a lawyer after an accident in Georgia?
It depends. You should hire a lawyer after an accident in Georgia if you need legal representation to sue an at-fault driver for compensation or to defend yourself against a lawsuit from another party.
You may also need a lawyer if your case goes to court to determine fault or involves serious criminal charges. An attorney can help you protect your rights, negotiate settlements, and represent you in court.
Sources
- NOLO. "Georgia Car Accident Laws."
- Georgia Office of Commissioner of Insurance and Safety Fire. "Auto Insurance."
- Insurance Information Institute. "Background on: No-fault auto insurance."
- Insurance Information Institute. "What is covered by a basic auto insurance policy?."
- Georgia Department of Driver Services. "Section 11: Crashes."
- Insurance Information Institute. "Do auto insurance premiums go up after a claim?."
)
Michelle Lambright Black
Michelle Lambright Black is a credit expert, freelance writer, and founder of CreditWriter.com. She has over 20 years of experience writing and speaking about credit and money, and focuses on helping families and small business owners make smart, informed decisions about their credit, money, and financial products (including insurance). Michelle's work has appeared in publications such as Yahoo! Finance, Reader's Digest, Parents, FICO, Forbes, Bankrate, The Seattle Times, MarketWatch, BuySide from Wall Street Journal, USA Today, and more. She's also a three-time finalist for the best personal finance freelancer award from the Plutus Foundation. When she isn't writing or speaking about credit and money, Michelle loves to travel with her family or read a good book. You can connect with Michelle on Instagram or Twitter.
Michelle has been a contributor at Insurify since September 2023.
Edited bySarah Archambault
Experienced personal finance writer
Background working with banks and insurance companies
Sarah enjoys helping people find smarter ways to spend their money. She covers auto financing, banking, credit cards, credit health, insurance, and personal loans.
Featured in
John LeachLicensed P&C Agent, Senior Insurance Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
John leads Insurify’s copy desk, helping ensure the accuracy and readability of Insurify’s content. He’s a licensed agent specializing in home and car insurance topics.
Featured in