Is Georgia a No-Fault State for Car Accidents?
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No. Georgia is an at-fault (tort) state: a person hurt in a crash recovers from the driver who caused it, through that driver’s liability insurance, and the amount depends on each side’s share of fault under O.C.G.A. § 51-12-33. Georgia once required personal injury protection (PIP) coverage under its Motor Vehicle Accident Reparations Act, but a 1991 act repealed the provisions that required it, as the Georgia State University Law Review summarized the act in 1992.
Georgia’s at-fault rules in one table
| Question | Georgia rule |
|---|---|
| Who pays your injury losses | The at-fault driver, through that driver's liability insurance up to its limits |
| What your own share of fault does | Reduces your damages in proportion; 50 percent or more bars recovery (§ 51-12-33(a), (g)) |
| What happens when the at-fault driver has too little insurance | Your own uninsured/underinsured motorist coverage applies, unless you rejected it in writing (§ 33-7-11(a)(3)) |
What at-fault means for your claim
Because the claim runs against the driver who caused the crash, fault is the first question. Under § 51-12-33(a), if you are partly responsible, the jury sets your percentage of fault and the judge reduces your damages “in proportion to his or her percentage of fault”. Under § 51-12-33(g), you “shall not be entitled to receive any damages” if you are “50 percent or more responsible for the injury or damages claimed”. How the percentages are assigned, with worked examples, is explained in how Georgia’s 50 percent comparative fault rule works.
Who pays
- The at-fault driver’s liability insurer, up to its limits. A vehicle that must be registered in Georgia may not be operated unless its owner carries liability insurance (§ 33-34-4) of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (§§ 40-9-37(a), 33-7-11(a)(1)(A)); see Georgia’s minimum car insurance requirements.
- Your own UM coverage when the at-fault driver is uninsured, underinsured, or unknown. Georgia’s default is add-on coverage, explained in how UM coverage and stacking work in Georgia; a hit-and-run has its own conditions, covered in UM coverage for a hit-and-run.
After a Georgia crash
- Report the crash to the police immediately when anyone is hurt or property damage appears to be $500 or more (§ 40-6-273).
- Exchange insurance information and note the other driver’s insurer and policy number.
- Find your own declarations page: it shows your UM limits and any written rejection or reduced-by election.
- Keep evidence that bears on fault, such as photographs, witness names, and the police report number.
Sources
- O.C.G.A. §§ 33-7-11, 40-6-273, 40-9-37, 51-12-33 (text as published March 2024); § 33-34-4.
- Carlos L. Corless, Insurance: Georgia Motor Vehicle Accident Reparations Act: Repeal Provisions Requiring Personal Injury Protection Insurance Coverage and Related Provisions, 8 Ga. St. U. L. Rev. (1992)
General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.