Injury · Georgia
the short answer
You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being half to blame or more ends the claim. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
O.C.G.A. § 9-3-33
source ↗Not yet checked against the statute.
who pays first
Georgia is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (O.C.G.A. § 33-7-11)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as Georgia. Compare every state →
your share of the fault
You recover only while your share of the fault stays under half. At fifty percent you are barred outright; below it, the award is cut by your percentage. (O.C.G.A. § 51-12-33)
source ↗Not yet checked against the statute.
Across the country. 10 of the 51 states written up answer this the same way as Georgia. Compare every state →
limit
2 years
source ↗Not yet checked against the statute.
Across the country. 25 of the 51 states written up answer this the same way as Georgia. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
Magistrate court
source ↗Not yet checked against the statute.
small claims limit
$15,000
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Georgia. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
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