What to Do After a Car Accident in Georgia: Your Complete Checklist

QUICK SUMMARY — After an accident in Georgia:

1. Check for injuries and call 911

2. Move to safety

3. Exchange information — do not admit fault

4. Document the scene (critical under Georgia’s strict 50% fault bar)

5. Report if $500+ damage (within 10 days)

6. Notify your insurance company

7. Seek medical attention within 72 hours

8. Consult an attorney if injuries are significant

Georgia has the 4th highest accident count in the US with approximately 387,000 crashes per year. Under Georgia’s strict 50% fault bar, being assigned half or more of the blame means losing your entire claim. Thorough documentation is your best protection.

Step 1 — Check for Injuries and Call 911

Your first priority is the safety and well-being of every person involved in the accident.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any uncertainty about the severity of injuries
Do not attempt to move anyone who appears seriously injured unless there is immediate danger such as fire, leaking fuel, or oncoming traffic
Georgia law (O.C.G.A. 40-6-270) requires you to stop at the scene of any accident and render reasonable assistance
Stay on the line with the 911 dispatcher and follow their instructions
If the accident is on a Georgia highway, note the mile marker for the dispatcher

Even for minor fender-benders, calling 911 is strongly recommended. The responding officer will create an official crash report, which is often the single most important document in the insurance claims process.

Leaving the scene of an accident involving injury or death is a felony in Georgia (O.C.G.A. 40-6-270), carrying up to 5 years in prison. Even leaving a property-damage-only scene is a misdemeanor.

Step 2 — Move to Safety

Once injuries have been assessed, prevent additional accidents.

If vehicles are drivable, move them to the shoulder, a parking lot, or any area off the travel lanes
Turn on hazard lights immediately
If your vehicle cannot be moved, stay inside with seatbelts fastened and hazard lights on
Set up flares or reflective triangles if available, particularly on high-speed roads like I-85, I-75, I-20, and the metro Atlanta expressways
Stay out of active traffic lanes — secondary crashes at accident scenes are a serious hazard, especially in Atlanta’s dense traffic environment
Georgia’s “move over” law (O.C.G.A. 40-6-16) requires drivers approaching emergency scenes to change lanes or slow down

Step 3 — Exchange Information

Once the scene is safe, collect the following from every other driver involved.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company name and policy number
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a brief summary of what they observed
Ask if they would be willing to provide a written statement

From the responding officer:

Name, badge number, and department
Crash report number (you will need this to obtain the report later)

Critical: Do not admit fault. Under Georgia’s modified 50% fault bar (O.C.G.A. 51-12-33), if you are assigned 50% or more of the fault, you recover nothing. This is stricter than the 51% bar used in Texas and Florida, where a driver at exactly 50% fault can still recover. In Georgia, 50% fault means zero recovery.

Even a casual “I’m sorry” or “I didn’t see you” can be used to shift fault percentages during settlement negotiations or trial. Stick to factual statements only.

Step 4 — Document Everything

Georgia’s strict 50% fault rule makes evidence collection one of the most important things you can do at the scene. The difference between 49% and 50% fault can mean the difference between receiving compensation and getting nothing.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots from every side)
The overall accident scene showing vehicle positions relative to each other, the road, and any intersection
Road conditions: potholes, uneven pavement, wet surfaces, construction zones
Traffic signs, signals, stop lines, yield signs, and lane markings
Skid marks, debris, broken glass, and fluid leaks
All license plates of involved vehicles
Weather and lighting conditions
Any visible injuries (bruises, cuts, swelling, torn or bloodied clothing)

Check for phone use. Georgia’s hands-free law (O.C.G.A. 40-6-241.2) prohibits holding a phone while driving. If you observed the other driver holding a phone at the time of the crash, note this detail — it can significantly affect fault determination.

Write down:

Exact time, date, and location (street names, intersections, highway exit numbers, mile markers)
Your detailed chronological account of the accident
Direction and approximate speed of each vehicle
Traffic density and road conditions
Names and addresses of nearby businesses or homes that might have security cameras

Preserve dashcam footage immediately. Dashcam video is often the most compelling evidence in Georgia accident cases, particularly for resolving disputed fault.

Step 5 — File a Report

Reporting Threshold: $500 — Lower Than Most States

Georgia has a relatively low reporting threshold compared to other states.

When required:

Property damage exceeds $500, OR
Anyone is injured or killed

Deadline: 10 days from the date of the accident.

How to Report

At the scene: Call 911 for an official police crash report. This is always the preferred option
If police did not respond: File a report with the Georgia Department of Driver Services (DDS) within 10 days using the SR-13 form
Online: Some Georgia jurisdictions allow online crash report filing

Why Filing Matters

Even though Georgia gives you 10 days, filing as soon as possible while details are fresh is strongly recommended. The crash report becomes a key document in both the insurance process and any legal proceedings.

The report is separate from the police crash report. If police responded and filed their report, you may still need to file the SR-13 with DDS. Check with the responding officer about whether additional filing is required.

Step 6 — Notify Your Insurance Company

Contact your insurance company as soon as possible — ideally within 24 to 48 hours.

When speaking with your insurer:

Stick to the factual details of the accident
Do not speculate about who was at fault
Provide the crash report number if available
Report all vehicle damage and injuries accurately

Georgia is a fault state. The at-fault driver’s insurance is responsible for paying damages to the other party. You have three main paths to pursue compensation:

File a third-party claim with the at-fault driver’s insurance company
File with your own insurance (collision for vehicle, MedPay for medical) and let your insurer pursue reimbursement through subrogation
File a lawsuit against the at-fault driver if settlement negotiations fail

Key Coverage Types in Georgia

Liability coverage (25/50/25 minimum): Pays for damages you cause to others
Collision coverage (optional): Pays for your vehicle damage regardless of fault
UM/UIM coverage (optional but strongly recommended): Protects you if the at-fault driver is uninsured or underinsured. Georgia has a higher-than-average rate of uninsured drivers
MedPay (optional): Covers your medical expenses regardless of fault — valuable in Georgia since there is no PIP requirement

Do not provide a recorded statement to the other driver’s insurance company without first consulting an attorney. Their adjuster’s primary goal is to minimize the payout, and recorded statements are frequently used to achieve that.

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you feel fine immediately after the crash.

Delayed-symptom injuries are extremely common after car accidents:

Whiplash: Neck and shoulder pain often does not appear for 24-48 hours
Concussions and traumatic brain injuries: Headaches, confusion, dizziness, and memory problems can develop gradually over hours or days
Internal bleeding: May show no external symptoms but can be life-threatening
Herniated discs: Back pain frequently worsens over the following days and weeks
Soft tissue injuries: Muscle tears, ligament sprains, and tendon damage may be masked by adrenaline during and immediately after the crash

Why immediate medical care is critical in Georgia:

Medical records establish a direct, documented link between the accident and your injuries
Insurance companies routinely argue that delayed treatment means the injuries were not caused by the accident
Under Georgia’s 50% fault bar, the other side will look for any weakness in your claim — a gap in medical treatment is a common target
Georgia juries rely heavily on medical documentation when evaluating injury claims
Follow-up care and adherence to treatment plans demonstrate the severity and ongoing nature of your injuries

Visit an emergency room, urgent care, or your primary care physician. Keep a detailed file of every medical record, bill, prescription, imaging report, and physical therapy session.

Your Rights Under Georgia Law

Fault System

Georgia is a traditional fault/tort state. There is no PIP requirement. The at-fault driver is responsible for compensating the other party’s injuries and property damage.

Modified Comparative Fault — The 50% Bar

Under O.C.G.A. 51-12-33, Georgia follows a modified comparative negligence rule with a 50% threshold:

At 49% or less fault: Recover damages, reduced by your fault percentage
At 50% or more fault: Recover nothing

This is stricter than Texas and Florida. In those states (51% bar), a driver at exactly 50% fault can still recover. In Georgia, 50% fault results in zero recovery.

Example: If your damages total $100,000 and you are found 30% at fault, you recover $70,000. At exactly 50% fault, you recover $0.

Statute of Limitations

Personal injury: 2 years from the date of the accident (O.C.G.A. 9-3-33)
Property damage: 4 years (O.C.G.A. 9-3-30)
Wrongful death: 2 years from the date of death

Missing these deadlines permanently bars your claim.

Minimum Insurance Requirements

Bodily injury per person: $25,000
Bodily injury per accident: $50,000
Property damage: $25,000

Hands-Free Law

Georgia’s hands-free law (O.C.G.A. 40-6-241.2, effective July 2018) prohibits drivers from:

Holding a phone or other electronic device while driving
Writing, reading, or sending text messages
Watching videos
Recording video

Violations are a moving offense with escalating penalties. In accident cases, a hands-free violation by the other driver can significantly increase their assigned fault percentage. If you were in violation, it works against you under the 50% bar.

Seat Belt Law

Georgia requires seat belt use for all front-seat occupants and all passengers under 18. Non-use of a seat belt can be raised as evidence of comparative negligence in injury cases.

Common Mistakes to Avoid After a Georgia Car Accident

Admitting fault at the scene — With the 50% bar, even small shifts in fault assignment can eliminate your entire recovery
Waiting too long to report — File the police report at the scene and the DDS report within 10 days
Skipping medical treatment — Gaps in medical care are the most common reason Georgia insurance claims are undervalued or denied
Using your phone while driving — A hands-free law violation at the time of the crash shifts significant fault to you
Posting about the accident on social media — Insurance adjusters and defense attorneys actively monitor social media accounts for evidence to use against claimants
Accepting the first settlement offer — Initial offers from insurance companies are almost always significantly below the actual value of the claim
Not collecting witness information — Witness testimony can be decisive in disputed-fault cases, and witnesses become difficult to locate after they leave the scene
Giving a recorded statement to the other driver’s insurer — You are not legally obligated to do this, and it rarely benefits you
Not preserving dashcam footage — Many dashcam systems overwrite old footage automatically. Save it immediately
Waiting too long to consult an attorney — The 2-year statute of limitations runs quickly, and critical evidence degrades over time

Frequently Asked Questions

How is Georgia’s fault rule different from other states?

Georgia uses a modified 50% bar (O.C.G.A. 51-12-33), which is stricter than many other states. If you are assigned exactly 50% fault, you recover nothing. In Texas and Florida (which use a 51% bar), you would still recover at 50% fault. Only Georgia and Illinois (since 2023) use the 50% threshold among major states.

How long do I have to report an accident in Georgia?

You have 10 days to file the SR-13 report with the Georgia Department of Driver Services if property damage exceeds $500 or anyone was injured. A police crash report should be filed at the scene whenever possible.

How long do I have to file a lawsuit in Georgia?

2 years for personal injury claims (O.C.G.A. 9-3-33) and 4 years for property damage claims (O.C.G.A. 9-3-30). Wrongful death claims also have a 2-year deadline from the date of death.

Does Georgia require PIP insurance?

No. Georgia is a traditional fault/tort state with no PIP requirement. Your medical bills after an accident are covered through the at-fault driver’s liability insurance, your own health insurance, optional MedPay coverage, or UM/UIM coverage if the at-fault driver is uninsured.

How does the hands-free law affect car accident claims?

If the other driver was holding a phone at the time of the accident, it can significantly increase their assigned fault percentage. Conversely, if you were holding a phone, it increases your assigned fault — which is especially dangerous under Georgia’s strict 50% bar. Document any phone use you observe and report it to the responding officer.

What if the other driver was drunk?

Georgia has a dram shop law (O.C.G.A. 51-1-40) that can create additional liability beyond the driver. If a bar, restaurant, or social host knowingly served alcohol to a minor or a noticeably intoxicated person who then caused an accident, the establishment may also be liable. Additionally, punitive damages may be available against a drunk driver.

What if the at-fault driver has no insurance?

Your options include: filing under your own UM (Uninsured Motorist) coverage if you carry it, suing the driver directly (though collecting may be difficult), or using your own collision and MedPay coverage. Georgia’s uninsured driver rate is above the national average, making UM/UIM coverage particularly important.

Related Guides

Get Help With Your Georgia Claim

If you were in a car accident in Georgia and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in Georgia are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Georgia’s 50% bar modified comparative fault rule (any plaintiff 50% or more at fault recovers nothing)
The Georgia statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: O.C.G.A. § 51-12-33 (Comparative Fault); O.C.G.A. § 33-7-11 (Minimum Insurance Coverage); O.C.G.A. § 40-6-273 (Accident Reporting); Georgia Governor’s Office of Highway Safety Crash Data

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.