Georgia is a fault-based — also called a “tort” — auto insurance state. This means that the driver who causes an accident is responsible for paying the damages of the people they injure. Understanding how fault-based liability works in Georgia helps accident victims navigate the insurance claim and legal process.
Fault vs. No-Fault Insurance Systems
No-fault states require drivers to carry personal injury protection (PIP) coverage, which pays their own medical bills regardless of who caused the accident — but restricts their ability to sue the at-fault driver. Georgia uses a different model: the at-fault driver’s liability insurance pays for the damages they cause. Georgia accident victims are not required to go through their own insurance first and are not restricted from suing the at-fault driver.
How Fault Is Determined in Georgia
Fault is established through evidence: police reports, witness statements, photographs, physical damage patterns, traffic camera footage, and expert reconstruction in serious cases. Insurance adjusters make initial fault determinations that affect how claims are valued and paid. Those determinations are not final — they can be contested with additional evidence and, if necessary, in court.
Georgia uses a modified comparative fault standard (O.C.G.A. § 51-12-33): if you are less than 50 percent at fault, you can recover — but your damages are reduced by your percentage of fault. At 50 percent or more fault, recovery is barred entirely.
Filing a Claim Against the At-Fault Driver’s Insurance
After a Georgia accident, you file a third-party claim with the at-fault driver’s insurer. You are not a customer of that insurer, and they owe you no duty of good faith and fair dealing. Their obligation is to their policyholder — not to you. Understanding this dynamic explains why at-fault insurers routinely make low offers and delay responses to unrepresented claimants.
When the At-Fault Driver Has No Insurance
Georgia requires all drivers to carry minimum liability coverage, but a meaningful percentage of Georgia drivers are uninsured. When the at-fault driver cannot pay, your own uninsured motorist (UM) coverage becomes the primary recovery source. Georgia’s minimum UM requirement is the same as the liability minimum — $25,000 — but higher limits are available and recommended. Request a free evaluation to discuss your options under Georgia’s fault-based system.