If you’ve been in a car accident in Georgia, one of the first questions you may have is: “Is Georgia a no-fault state?” The short answer is no — Georgia follows a fault-based system for car accidents.

 

That means the person who caused the accident (and their insurance company) is responsible for paying for the damages. But what does that really mean for your case? And how does it affect your ability to recover compensation?

 

In this post, we’ll break down how Georgia’s fault laws work — and what you need to know if you’ve been injured in a crash.

 

Georgia Is an At-Fault State — Here’s What That Means

In a no-fault state, each driver’s own insurance pays for their medical bills and lost wages, regardless of who caused the accident. This system is designed to reduce litigation and speed up claims — but it can also limit your ability to sue the other driver.

Georgia does not use that model.

Instead, Georgia is a traditional fault (or “tort”) state. That means:

• The at-fault driver(or their insurance company) is responsible for paying for the other party’s injuries and damages.

• If you’re injured in an accident, you have the right to file a claim or lawsuit against the at-fault driver to recover compensation.

What Are My Options After an Accident in Georgia?

As an accident victim in Georgia, you typically have three options:

1. File a claim with your own insurance company
   This is often done if you have coverage like MedPay or Uninsured Motorist (UM) coverage. Your insurer may seek reimbursement from the at-fault driver later.

2. File a third-party claim with the at-fault driver’s insurance
   This is the most common route in Georgia. You’ll need to prove the other driver was responsible.

3. File a personal injury lawsuit
   If the insurance company refuses to offer a fair settlement, you have the right to sue the at-fault driver in court.

No matter which option you pursue, working with an attorney can protect your rights — especially when insurers try to shift blame or lowball your settlement.

 

Georgia’s Modified Comparative Negligence Rule

What if you were partially at fault for the crash?

Georgia follows a rule called modified comparative negligence, which allows you to recover damages as long as you were less than 50% responsible for the accident.

Here’s how it works:

• If you were 0% at fault, you can recover 100% of your damages.

• If you were 30% at fault, your recovery will be reduced by 30%.

• If you were 50% or more at fault, you cannot recover anything.

This rule makes accurately proving fault critical — and that’s where having a lawyer makes a huge difference.

 

Why Insurance Companies May Mislead You About Fault

Even in a fault-based state like Georgia, insurance adjusters often try to confuse or rush victims into accepting blame — especially when they know the accident could be costly.

 

Common tactics include:

• Pressuring you to give a recorded statement

• Asking leading questions designed to make you admit partial fault

• Offering a quick settlement before you know the full extent of your injuries

Once you accept a lowball settlement or admit fault, it becomes much harder to pursue full compensation later.

At The Shelton Law Firm, we deal directly with insurers so you don’t have to — and we make sure your rights are protected from day one.

 

What Damages Can You Recover in a Georgia Fault-Based Claim?

If you were injured in a car accident caused by someone else, you may be entitled to compensation for:

• Medical expenses (current and future)

• Lost wages and reduced earning capacity

• Pain and suffering

• Emotional distress

• Property damage (vehicle repair/replacement)

• Permanent disability or disfigurement

Every case is different — and the value of your claim depends on the severity of your injuries, who was at fault, and how the accident has impacted your life.

 

How a Georgia Car Accident Lawyer Can Help

Even in a fault-based state like Georgia, getting what you’re owed isn’t automatic. Insurance companies will work hard to minimize what they pay — and without legal guidance, you could end up accepting far less than you deserve.

At The Shelton Law Firm, we help car accident victims across Georgia:

• Investigate the crash and gather evidence

• Prove fault and fight unfair blame

• Deal with the insurance companies on your behalf

• Negotiate for full compensation

• Go to court if necessary to get justice

We offer free consultations and no fees unless we win. Let us take the stress off your plate while you focus on healing.

 

Final Thoughts

To recap:
Georgia is not a no-fault state. If you’ve been hurt in a car crash here, the at-fault driver — and their insurance company — may owe you compensation. But don’t leave that decision in their hands.

 

Call The Shelton Law Firm at 470-334-9829 or contact us online to schedule your free case evaluation today.
We’ll help you understand your rights and take the next step toward recovery.