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Georgia accident claims: deadlines and fault rules

Last updated: November 10, 2026

In Georgia, you generally have 2 years to bring an accident claim (O.C.G.A. § 9-3-33) and 4 years for property damage (O.C.G.A. § 9-3-31). If you are 50% or more at fault you recover nothing, and claims against a city or the state need an early ante litem notice.

The rules at a glance

TopicThe rule and its source
Deadline for an accident claim2 years (O.C.G.A. § 9-3-33)
Deadline for property damage4 years (O.C.G.A. § 9-3-31)
Fault ruleModified comparative fault: if you are 50% or more at fault, you recover nothing (O.C.G.A. § 51-12-33)
No-fault or at-fault insuranceAt-fault state: the at-fault driver's insurance pays
Claims against a governmentAnte litem notice to a city within 6 months, to the state within 12 months (O.C.G.A. §§ 36-33-5, 50-21-26)

What this means for you

Plan on 2 years for your accident claim and 4 years for property damage, and do not wait until the end.

In an at-fault state, you usually claim against the insurance of the driver who caused the crash.

If you share the blame, what you recover is reduced by your share, and at 50% or more you recover nothing.

Exceptions to know about

  • Different rules can apply when the person with the claim is a minor. A lawyer can tell you how they apply.
  • An ante litem notice must reach a city within 6 months and the state within 12 months (O.C.G.A. §§ 36-33-5, 50-21-26).
  • In some situations a deadline may be counted from when a harm was discovered rather than the day of the accident. Whether that can apply depends on the facts, so do not count on it.

Accident claims

Frequently asked questions

How long do I have to bring an accident claim in Georgia?

Generally 2 years (O.C.G.A. § 9-3-33), and 4 years for property damage (O.C.G.A. § 9-3-31).

What if I was partly at fault?

Georgia uses modified comparative fault: what you recover is reduced by your share, and at 50% or more you recover nothing (O.C.G.A. § 51-12-33).

Do I need a lawyer?

You do not have to hire one, but a lawyer can deal with the insurers, keep track of the deadlines and tell you what your claim may be worth. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply.

What if a government vehicle hit me?

Send an ante litem notice to a city within 6 months, or to the state within 12 months (O.C.G.A. §§ 36-33-5, 50-21-26). Talk to a lawyer early.

CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.