How Long Do You Have to Report a Minor Accident in Georgia?

Short answer: a minor crash in Georgia runs on three separate clocks.

The short answer: three different clocks in Georgia

People often mix up three timelines after a minor crash. Each one comes from a different rule.

The first clock is the duty at the scene. The second is the paperwork you keep afterward. The third is the deadline to file a claim for your injuries or your property.

A report to police is not the same as a lawsuit deadline. Keep them separate in your mind. This page covers each clock in order, from the scene to the courthouse. It also covers the shorter notice rules that apply when a government vehicle is involved.

When a minor accident must be reported to police

That duty starts at the scene.

A crash can look small and still cause harm. Treat every crash as serious until you check. Stop the car, check everyone for injuries, and call for help if anyone is hurt. Share your name, address, insurance and plate information.

Leaving the scene is a serious problem.

Written reports and the paperwork you keep

Written records made soon after a crash are the easiest evidence to lose. Start a folder the same day.

If you are hurt, get medical care and keep every visit record and bill. A dated medical record ties your injuries to the crash. Keep a simple log of symptoms with dates, because pain can change over the following days.

Save repair estimates, photos, rental receipts and notes about time missed from work. Keep every letter and form you receive from an insurer, and keep copies of anything you sign. Missing paperwork is one of the most common problems people face when they try to prove a claim later.

What if police never came to a minor crash?

Whether or not an officer comes, the steps at the scene still protect you. Take these steps while the scene is in front of you:

• Get the other driver’s name, phone number, insurance details and plate number.
• Photograph both cars, the damage, the road and any signs or signals.
• Write down the time, the exact location, and the weather and road conditions.
• Ask any witnesses for their names and phone numbers.
• Write your own account the same day, while it is fresh.

If an officer did respond, ask the responding agency for a copy of its crash report. The report records what the officer saw. It does not decide your claim, so keep your own notes too.

The two-year deadline to file an injury claim in Georgia

In Georgia, the general deadline to file an injury claim is two years after the right of action accrues. O.C.G.A. § 9-3-33 sets this two-year period for injuries to the person.

Write the two-year date on your calendar now. A missed deadline can end a claim, even when the crash seemed minor and the other driver admitted fault.

Family members may face a different clock. A loss of consortium claim has four years under § 9-3-33.

Under O.C.G.A. § 9-3-33, actions for injuries to the person must be brought within two years after the right of action accrues. O.C.G.A. § 9-3-90 provides that if the injured person was under 18 when the crash happened, that person generally gets the same time as adults after turning 18. O.C.G.A. § 9-3-90 provides this rule.

Exceptions to the deadline and accidents involving government vehicles

Others can shorten it sharply when a government entity is involved.

Whether other legal proceedings affect a filing deadline depends on the facts of each case, so contact our team early.

Claims against a city require written notice first. The claim must state the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury; the extent of injury must include the specific amount of monetary damages sought.

Claims against counties must be presented within 12 months after they accrue or become payable under O.C.G.A. § 36-11-1, but minors or other persons under disabilities get 12 months after the disability is removed. Tort claims against the state under this article need written notice within 12 months of the date the loss was discovered or should have been discovered under O.C.G.A. § 50-21-26.

These rules turn on the facts. Do not assume one applies or that you have extra time.

Talking to the insurance company after a minor crash

Be brief and careful when the other driver’s insurer calls. Your early words can shape the claim.

The insurer may call soon after the crash. Share basic facts: names, date, location and who was involved. Avoid guessing about fault or how badly you were hurt. You can say you are still checking how you feel.

Read any settlement offer before you sign it. A signed release can end your claim.

Georgia uses modified comparative fault. Under O.C.G.A. § 51-12-33, damages are reduced by your share of fault. A plaintiff who is 50 percent or more responsible recovers nothing. Under O.C.G.A. § 51-12-33, a plaintiff who is partly responsible has their damages reduced in proportion to their percentage of fault, and a plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages.

If the other driver has no insurance, your own policy may help. Under O.C.G.A. § 33-7-11, Georgia auto policies generally must include uninsured motorist coverage unless the named insured rejects it in writing. Under O.C.G.A. § 33-7-11(a)(1)(B), the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability.

Next steps if you were hurt or are unsure what to do

If you were hurt, or you are helping a family member who was, don’t wait on the deadlines. Start your timeline today.

If a minor crash left you hurt, or you’re protecting a family member who was in one, our team can talk through your deadlines with you. Your first consultation is free, confidential, and with no obligation to continue. You can call us at any time, or start a free case evaluation.

This page is general information, not legal advice. Terance Madden is the responsible lawyer for this page at T. Madden & Associates, P.C., a Georgia personal injury law firm in practice since 1999, with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Contact the firm through our contact page.