Is Georgia a No-Fault State? Here's What Injured People Should Know

Is Georgia a no-fault state for insurance? If you were hurt as a pedestrian or a driver, or you are helping a family member through this, the rules below explain where you stand.

Short Answer: Georgia Is an At-Fault State

For an injured pedestrian, this means a claim generally goes to the at-fault driver’s liability insurance. A pedestrian hit by a car can bring a claim against the driver who caused the crash. How any claim turns out depends on the facts, including who was at fault and how much.

What “No-Fault” Insurance Means

No-fault insurance means your own policy pays your medical bills and some lost wages, no matter who caused the crash. Personal injury protection (PIP) is the coverage that usually does this work.

Many people assume their own policy always pays first. That idea comes from no-fault states. It does not describe Georgia.

Because Georgia is an at-fault state, an injured person can bring a claim against the responsible driver. The at-fault driver’s insurance is the usual source for that claim. Your own policy can still matter, especially if the other driver has no insurance, as explained below.

Uninsured Motorist Coverage in Georgia

Liability coverage pays for injuries and property damage that the insured driver causes to other people. That is why it matters to a pedestrian or another driver hurt in a crash.

Minimum limits are a floor, not a measure of what a serious injury costs. A spinal cord injury, a traumatic brain injury, or an amputation can cost far more than a $25,000 minimum. Our page on catastrophic injury claims covers those cases in more detail. Under O.C.G.A. § 33-7-11, uninsured motorist coverage generally applies on top of the at-fault driver’s liability coverage (add-on coverage) unless the policyholder selected reduced-by coverage in writing. Reduced-by coverage pays only the difference between the at-fault driver’s available coverage and the uninsured motorist limits.

How Fault Is Decided and How Shared Fault Applies

Georgia reduces your recovery by your share of fault. You are not entitled to receive any damages if you are 50 percent or more responsible for the injury or damages claimed (O.C.G.A. § 51-12-33 (Quynn v. Hulsey (2020))(g)).

This rule is called modified comparative negligence (shared fault). Under Georgia’s shared-fault statute, § 51-12-33, the judge reduces damages in proportion to your percentage of fault. Under O.C.G.A. § 51-12-33, if you are to some degree responsible for the injury or damages claimed, the judge reduces the damages otherwise awarded to you in proportion to your percentage of fault.

Fault can also be split among several people. Each liable person pays only the share apportioned to that person, not a joint amount. Nonparty fault is considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. The fault of all persons or entities who contributed to the injury is considered, whether or not they were or could have been named as a party.

For pedestrians, the crossing rules matter most. However, a pedestrian may not suddenly leave a curb or other place of safety into the path of a vehicle so close that it is impractical for the driver to yield, under O.C.G.A. § 40-6-91. A pedestrian who crosses outside a crosswalk must yield to vehicles, unless he has already, under safe conditions, entered the roadway, under O.C.G.A. § 40-6-92. Drivers must also use due care to avoid pedestrians, under § 40-6-93.

The GDOT crash reporting page explains how police crash reports are obtained.

What Happens If the At-Fault Driver Has No Insurance

If the at-fault driver has no insurance, your own uninsured motorist (UM) coverage may be the next place to look.

Under O.C.G.A. § 33-7-11, Georgia auto liability policies must include an endorsement, unless any insured named in the policy rejects the coverage in writing. That endorsement undertakes to pay the insured for bodily injury, loss of consortium, or death caused by an uninsured owner or operator. The policy language controls what it pays and at what limits.

Coverage like this comes from your own policy, and household policies can matter too. Whether it reaches a pedestrian depends on the policy terms.

Filing Deadlines for Georgia Injury Claims

Most Georgia injury claims must be brought within two years after the right of action accrues. Under O.C.G.A. § 9-3-33, actions for injuries to the person follow that two-year period.

The same section gives loss of consortium claims a four-year period. Those claims involve a spouse’s loss of the injured person’s companionship and services.

Property damage claims run on a different clock. It helps to track that date separately from the injury deadline.

Timing is one of the biggest risks in these cases. Treatment can take months, so keep the filing deadline in mind during that time.

Talk With Our Team When You Are Unsure Which Insurance Applies

Talk with our team when you cannot tell whether the at-fault driver’s insurance, your own uninsured motorist coverage, or both apply to your injuries. You may be reading this after a loved one was hit while walking, after your own crash, or while an adjuster asks questions you don’t know how to answer.

Many people in your position start by asking whether Georgia is a no-fault state for insurance. The answer shapes everything that follows, including which policy to look at first and when the clock starts.

Insurance Questions After a Georgia Crash

Common Questions About Coverage