Car accident claims: what to do next in Georgia

Georgia is a fault-based (tort) state with no PIP requirement and no no-fault threshold. Injured parties sue the at-fault driver directly. Georgia follows a modified comparative fault rule: recovery is barred if the plaintiff is 50% or more at fault; otherwise, damages are reduced proportionally. Georgia also allows punitive damages for defendants who were driving under the influence.

The statute of limitations for personal injury MVA claims in Georgia is two years from the date of the accident (O.C.G.A. § 9-3-33). Wrongful death claims carry a two-year limitation running from the date of death. Claims against the state or a county require an ante litem notice within 12 months; claims against a city require notice within 6 months.

Venue is proper in the county where the defendant resides at the time of filing or in the county where the injury occurred (Ga. Const. Art. VI, § II; O.C.G.A. § 9-10-31). Fulton County (Atlanta) State Court is the preferred forum for high-value MVA cases due to favorable plaintiff verdicts. Georgia's "minority rule" allows venue in any county where a corporate defendant does business.

Georgia minimum liability limits are 25/50/25. UM/UIM coverage must be offered at the same limits as liability; written rejection required to waive. Georgia permits "stacking" of UM benefits across multiple policies. The state's uninsured driver rate is approximately 12%; however, many at-fault drivers carry only minimum limits, making UIM claims common in serious injury cases.