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Written bySarah Archambault
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Sarah ArchambaultInsurance Writer, Editor
Experienced personal finance writer
Background working with banks and insurance companies
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Edited byKatie Powers
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Katie PowersLicensed P&C Agent, Senior Insurance Editor
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
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John LeachLicensed P&C Agent, Chief Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
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Georgia is an ‘at-fault’ car insurance state
Georgia auto insurance follows an at-fault system, meaning the driver responsible for causing an accident is liable for the damages under the state’s tort liability laws. This means after a crash, the at-fault driver’s insurance pays for accident-related damages.
Injured drivers can seek damages through the Georgia court system if the at-fault driver refuses to accept financial responsibility after an accident.[1]
Because fault determines who pays, drivers in the Peach State must carry a minimum amount of liability coverage. It covers bodily injury and property damage you cause to others up to the policy limits.
Georgia doesn’t require or offer personal injury protection (PIP) coverage.[2] But Georgia insurers must offer drivers the option to carry medical payments (MedPay) insurance with coverage limits of at least $2,000. MedPay is an optional insurance that can help pay for your and your passengers’ medical bills after a crash.
At-fault vs. no-fault car insurance
At-fault states, like Georgia, handle accident responsibility differently from no-fault states. In a fault-state, the injured driver files a claim with the at-fault party’s insurance company. In a no-fault state, each driver files a claim with their own insurance company, regardless of who’s at fault.
To protect other drivers, at-fault states require all motorists to meet their minimum liability insurance requirements. Most no-fault states also require drivers to have a minimum amount of liability protection. Some of these states may also require PIP coverage and uninsured or underinsured motorist (UM/UIM) insurance.
In the U.S., 12 states currently use no-fault systems, including Florida, Kansas, New Jersey, New York, and Pennsylvania.[3]
Question  | Georgia: At-Fault State | No-Fault State |
|---|---|---|
| Who pays first for injuries? | At-fault driver’s insurance company | Your insurance company, regardless of who caused the accident |
| Is PIP required? | No, but insurers must offer MedPay | Yes |
| Can you sue the other driver? | Yes, but you can recover damages only from parties who share a greater percentage of fault than you. The court will reduce your compensation by your percentage of fault. | Yes, but injuries must meet certain conditions based on severity to be eligible for a lawsuit. |
How do accident claims work in Georgia?
In Georgia, you’ll file car accident claims for damages after a crash with the at-fault driver’s car insurance policy. The at-fault driver’s liability insurance typically pays for accident-related injury expenses, like medical bills, lost wages, and pain and suffering, along with property damage, such as vehicle repairs.
If you carry optional collision coverage, you can also file a claim for vehicle damage with your insurer.
The at-fault driver’s policy covers accident-related injuries only up to its coverage limits. But Georgia law allows you to make a personal injury claim in civil court and sue the driver for additional compensation.
For example, if someone rear-ends your vehicle, you can file a claim against that driver’s insurance company for damages and injuries. And if your medical bills are higher than what the at-fault driver’s insurer pays out, you can sue the other driver to make up the difference.
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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 drivers don’t always share fault equally, and courts sometimes must determine each party’s fault percentage.
For example, if a driver runs a red light and hits you, but law enforcement determines 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%.
Minimum car insurance requirements in Georgia
Drivers need to meet Georgia’s 25/50/25 minimum car insurance requirements for bodily injury liability and property damage liability.
Coverage Type | Georgia Minimum Requirement | What It Covers |
|---|---|---|
| Bodily injury liability per person | $25,000 | Injury-related expenses, like medical costs, for one person after an accident you cause |
| Bodily injury liability per accident | $50,000 | Total amount of injury-related expenses per accident |
| Property damage liability per accident | $25,000 | Damages to someone else’s property in an accident you cause |
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What to do after a car accident in Georgia
A car accident can be stressful, but taking the right steps after the crash can help protect you. Here’s what to do after an accident in Georgia:
Check for injuries and call 911. Georgia law requires an accident report when an auto accident results in injuries, deaths, or significant property damage.[4] File a police report with the officer sent to the crash scene.
Exchange information. Get the names, insurance information, driver’s license numbers, and contact information for all involved drivers.
Document the scene. Take photos and videos of vehicles, injuries, skid marks, and road conditions. Get witness statements, and note the weather or other contributing factors.
Notify your insurer. Report the accident promptly to your insurer to start the claims process, even if you believe the other driver caused the crash.
Track important documents. Keep copies of police reports, medical records, repair estimates, receipts, and other accident-related reports.
Follow up on your claim. Determining fault in Georgia can take time and may affect the claims process. Stay in touch with your insurer, and promptly follow up with requests for more information or documentation.
Georgia car insurance FAQs
The questions below can help you understand more about Georgia’s at-fault car insurance rules.
What are the car insurance requirements in Georgia?
Georgia requires all drivers to carry $25,000 per person and $50,000 per accident in bodily injury liability insurance, and $25,000 per accident in property damage liability insurance.
Why does Georgia get 75% of punitive damages?
Georgia law requires courts to send 75% of most punitive damage awards to the state treasury.[5] Lawmakers created this rule because punitive damages are meant to punish especially harmful conduct and deter similar behavior in the future, rather than compensate the injured party.
How does Georgia determine fault in a car accident?
Georgia uses a comparative negligence system to assign fault when multiple parties share responsibility for a crash. Law enforcement, insurers, claims adjusters, and the courts decide each driver’s percentage of fault after an accident. Drivers who are less than 50% at fault may recover damages by filing an insurance claim or lawsuit after a Georgia car accident.
Does Georgia require drivers to have no-fault car insurance?
No. Georgia doesn’t require no-fault car insurance because the state uses an at-fault system. Any driver who causes an accident is responsible for paying damages. That said, Georgia law requires all drivers to carry a minimum amount of bodily injury and property liability insurance coverage.
Sources
- Nolo.com. "Georgia Car Accident Laws and Statute of Limitations."
- Georgia Secretary of State. "Subject 120-2-28 Georgia Motor Vehicle Accident Reparations Act."
- Insurance Information Institute. "Background on: No-fault auto insurance."
- Georgia Department of Driver Services. "Section 11: Crashes."
- FindLaw. "Georgia Code Title 51. Torts § 51-12-5.1."
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Sarah ArchambaultInsurance Writer, Editor
Experienced personal finance writer
Background working with banks and insurance companies
Featured in
Katie PowersLicensed P&C Agent, Senior Insurance Editor
Licensed auto and home insurance agent
4+ years experience in insurance and personal finance editing
NPN: 20564519
Featured in
John LeachLicensed P&C Agent, Chief Copy Editor
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 20461358
Featured in