Can You Sue for a Car Accident in Georgia?

Short answer: can you sue after a car accident in Georgia?

Sometimes, yes. A car accident lawsuit is usually a negligence claim, which means another person’s careless driving may have caused your harm. Whether you can sue in your case turns on the details of the crash, who was involved, and when the claim arose.

If you were hurt, or you’re helping a family member, this may be a stressful time. Medical visits, insurance calls, and bills can pile up quickly. This guide walks through the main questions one at a time.

This page is general information, not legal advice. No outcome can be promised for any particular situation. A lawyer can review the facts of your own accident.

What a car accident lawsuit generally has to show

Personal injury claims involve legal concepts that depend on the facts of each case, and a lawyer can explain how they may apply to yours. Lawyers often call these the elements of the claim.

Duty is one of the terms you may hear when a personal injury matter is discussed, and Peter F. Jaraysi can explain what it may mean for your situation during a free, confidential consultation with no obligation to continue. Breach refers to conduct that may fall short of the care expected in a given situation, depending on the facts. Failing to yield, following too closely, speeding, or running a red light are examples of conduct that may be discussed as a breach.

Causation is the question of whether certain conduct may be connected to an injury, which depends on the facts of each case. The question is whether the driver’s actions led to the harm. Damages are the losses that resulted, such as medical care and lost income.

Police reports, photos of the scene and vehicles, and witness names may be relevant to reviewing what happened. Medical records are documentation of the care you received. How these elements apply to your crash is a question for a lawyer to review with you.

Who can be named in a car accident lawsuit

The driver whose conduct caused the crash may be a party to a lawsuit. Who is named depends on the facts.

In some situations, the vehicle’s owner may be named. Whether someone other than the driver, such as an employer, may also be responsible depends on the facts of each case. Whether this applies, and under what law, depends on the facts.

Crashes involving commercial trucks or buses raise extra questions about carriers and insurance. Readers in that situation can review our truck accident guide, which is listed in plain text in the final sections.

Claims against a government body, such as a city, county, or the state, can involve special notice rules and different timing. Those rules are covered below.

Whether a claim can be brought directly against an insurer, rather than through the driver, depends on the facts and the type of policy. Discuss that question with a lawyer.

How fault works in Georgia

Georgia’s fault statute, O.C.G.A. § 51-12-33, addresses how fault may be shared between parties, and how it applies depends on the facts of each case. Under Georgia’s comparative-fault rules, if you are found partly responsible for your injury, your recovery may be reduced in proportion to your share of fault, depending on the facts of your case and whether any exceptions apply (O.C.G.A. § 51-12-33; Quynn v. Hulsey, 310 Ga. 473 (2020)). Consult a lawyer about your situation.

Georgia’s apportionment provisions, O.C.G.A. § 51-12-33 (Quynn v. Hulsey, 310 Ga. 473 (2020)), generally address how damages are divided among people found to be liable. How they apply depends on the facts of each case, exceptions may apply, and you should consult a lawyer about your own situation. Under Georgia’s apportionment provisions, the trier of fact generally considers the fault of everyone who may have contributed to the harm. How this applies depends on the facts of each case, exceptions may apply, and you should consult a lawyer about your own situation. That includes people who were not named as parties, if a defendant gives proper notice.

The statute includes a 50 percent threshold. Under O.C.G.A. § 51-12-33 (Quynn v. Hulsey, 310 Ga. 473 (2020)), a plaintiff’s recovery may be barred when the plaintiff is 50 percent or more responsible, but whether that applies depends on the facts of the case and whether exceptions apply. Consult a lawyer about your situation. How that threshold applies, and whether any exception could matter, depends on the facts of your case.

Drivers, insurers, and courts may disagree about who was at fault. A lawyer can review the facts of your accident and explain how fault may be assessed in your situation.

Deadlines: how long you have to file

Georgia generally gives two years to file most personal injury lawsuits (O.C.G.A. § 9-3-33; Cameron v. JMP Pizza, Inc. (2026)). The limitation period discussed here is associated with O.C.G.A. § 9-3-33, which applies except where the article provides otherwise. Whether it applies to your case depends on the facts, and exceptions may apply, so consult a lawyer about your situation. Exceptions exist, so the deadline in your case may differ.

Other timing rules can apply. In some situations involving a related crime, O.C.G.A. § 9-3-99 may toll, or pause, the limitation period while the prosecution is pending. Whether it applies depends on the facts, and exceptions may apply, so consult a lawyer about your case. That pause is capped at six years and is subject to other provisions.

Claims against a city have their own rules. Under O.C.G.A. § 36-33-5, a written claim may need to be presented to the governing authority within six months of the event, depending on the facts of your case and any exceptions. Consult a lawyer about your situation. Claims against the state may require written notice within 12 months under O.C.G.A. § 50-21-26, depending on the facts of the case and any exceptions. Consult a lawyer about your situation.

So how long you have to act depends on the facts and the parties involved. Ask a lawyer how any deadline may apply to your situation.

Insurance claims and lawsuits: how they relate

An insurance claim and a lawsuit are two different paths. Many people start with an insurance claim. A lawsuit is one possible next step, and whether it becomes necessary depends on the facts.

Georgia’s uninsured motorist law, O.C.G.A. § 33-7-11, generally calls for auto liability policies to offer uninsured motorist coverage for bodily injury caused by the owner or operator of an uninsured motor vehicle, but an insured may reject that coverage in writing, and whether coverage applies depends on the policy and the facts of your case. The insured may choose the limits. Whether this coverage applies to you depends on your policy terms and the facts of the crash.

Some people wonder what to say to an insurer after a crash. Many people choose to ask a lawyer before giving a recorded statement. How any statement may be used depends on the facts and the claim.

Insurance companies do not always handle claims the same way. Whether an insurer’s approach affects your claim is a question to discuss with a lawyer, not a conclusion this page can draw.

Hit-and-run, minors, and a driver who has died

These situations can change the questions you need to ask. The answers depend on the facts.

In a hit-and-run, the other driver may be unidentified. Uninsured motorist coverage may be relevant in that case, depending on your policy and the facts. The criminal-case tolling rule discussed above may also be relevant.

A minor who was injured, or who was driving, can raise different questions. Under O.C.G.A. § 9-3-90, a person under 18 when a cause of action accrues may be given additional time after turning 18, depending on the facts of the case and any exceptions. Consult a lawyer about your situation. That rule has exceptions. Lawsuits involving minors can also follow separate procedures.

When the at-fault driver has died, a claim may be directed to that person’s estate or insurance, depending on the facts. Wrongful death claims have their own rules. For example, O.C.G.A. § 51-4-5 addresses who may bring a wrongful death action and the types of damages that may be recoverable, such as funeral and medical expenses, depending on the facts of each case.

Damages: what a lawsuit may seek

A lawsuit may seek several categories of loss. Commonly discussed categories include medical expenses, lost wages, property damage, and pain and suffering. Whether any category applies to you depends on the facts of your case.

Medical bills have their own rule. Under O.C.G.A. § 51-12-1.1, medical expenses may be limited to the reasonable value of medically necessary care, as determined by the trier of fact, depending on the facts of the case. Consult a lawyer about your situation. The statute also lets parties challenge whether expenses were reasonable or necessary.

Medical records show the care you received. They do not, by themselves, decide what a claim is worth. A general guide cannot tell you which categories may apply to your situation. A lawyer can explain that after reviewing your facts.

Questions to bring to a consultation

Writing down a few facts can make a conversation with a lawyer easier. Consider noting the date, time, and location of the crash. Note who was involved and whether a commercial vehicle or a government body was involved.

Also write down what insurance coverage you know about, and whether any criminal charges were filed. Keep the police report number, photos, insurance letters, and medical records in one place.

Related reading includes our truck accident guide, which covers commercial vehicle crashes.

Quick answers

Can you sue a minor in Georgia? Lawsuits involving minors can follow different rules. A lawyer can explain how that may apply to your case.

How long after an accident can you still claim? Georgia generally allows two years for most injury suits, but exceptions exist. Ask a lawyer how this may apply to you.

What not to say to insurance after an accident? Many people ask a lawyer before giving a recorded statement. How a statement is used can vary by case.

What happens in a hit-and-run in Georgia? Uninsured motorist coverage may be relevant, depending on your policy and the facts.

If you’re deciding whether to sue after a car accident

Maybe the crash changed your daily routine. Maybe a family member is recovering while bills and insurance letters keep arriving. Maybe you simply want to know whether a lawsuit is even possible. Those are reasonable questions to ask.

Our office is based in Duluth, Georgia. You can reach out for a free first consultation. It is confidential, with no obligation to continue. Peter F. Jaraysi is the responsible lawyer, and contact information appears in the disclaimer on this page. Our team can help you schedule a conversation through our contact page.

No outcome can be promised. The consultation is a chance to ask questions about your own facts and options.