Many Georgia accident victims ask whether Georgia is a “no-fault” insurance state. The answer matters because it determines how your medical bills are paid and whether you can sue the at-fault driver. Here is what you need to know.
Georgia Is an At-Fault State
Georgia is not a no-fault state. Under O.C.G.A. § 33-34-1 et seq., Georgia follows the traditional tort (at-fault) system for automobile accidents. This means the driver who caused the crash is financially responsible for the other driver’s medical expenses, lost wages, pain and suffering, and other damages. You can sue the at-fault driver directly, and their liability insurer is the primary source of compensation for your injuries.
What No-Fault States Do Differently
In true no-fault states (like Florida or Michigan), each driver’s own insurance pays their own medical bills regardless of who caused the accident — through Personal Injury Protection (PIP) coverage — and the right to sue the other driver is restricted unless injuries meet a severity threshold. Georgia does not use this system.
Medical Payments (MedPay): Georgia’s Optional No-Fault Feature
Although Georgia is an at-fault state, Georgia auto policies may optionally include Medical Payments (MedPay) coverage — a limited no-fault feature that pays your medical bills up to policy limits regardless of who caused the crash. MedPay is not required by Georgia law but is available from most Georgia auto insurers. Coverage typically ranges from $5,000 to $25,000 and pays promptly, providing a bridge while your at-fault claim is pending.
If your policy includes MedPay and you use it, your insurer has a subrogation right to be reimbursed from your eventual settlement. Your attorney manages this lien to maximize your net recovery.
Uninsured and Underinsured Motorist Coverage
Georgia requires insurers to offer UM/UIM coverage (O.C.G.A. § 33-7-11), which acts as a backstop when the at-fault driver is uninsured, underinsured, or flees the scene. UM/UIM coverage is your most important protection in Georgia — selecting the highest limits you can afford is strongly recommended.
Georgia’s Minimum Liability Requirements
Georgia requires all registered vehicles to carry at least $25,000 per person / $50,000 per occurrence in bodily injury liability coverage and $25,000 in property damage coverage. These minimums are inadequate for any serious injury — which is why UM/UIM coverage and high personal liability limits matter.
A free Georgia accident claim evaluation explains exactly which insurance applies to your specific accident. Call today.