Comparative fault in Georgia: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Georgia, the law behind it and how insurers apply it.

Short answer

In Georgia, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
Law
O.C.G.A. § 51-12-33(a), (g): you recover nothing if you are 50% or more at fault; otherwise your damages are reduced by your share of fault
Insurance system
Fault (tort)

We could not confirm all of Georgia's rules yet. Some facts on this page rest on limited sources. Check the official sources below, or ask a lawyer or legal aid office, before you rely on them.

Insurance and small claims in Georgia

No PIP is required. Georgia uses a tort (fault) system: the at-fault driver's liability insurance pays for others' injuries and property damage.

Small claims limit for car damage in Georgia: $15,000 in Magistrate Court for people and businesses; a new law raises it to $25,000 for cases filed on or after January 1, 2027. Georgia small claims guide on Small Claims Map

Recent changes in Georgia

  • SB 68, signed April 21, 2025 (official text on the Governor's site): seat-belt evidence can now be admitted in car crash cases and used to reduce damages (O.C.G.A. § 40-8-76.1(d)); special damages for medical expenses are limited to the reasonable value of necessary care, and juries may hear amounts actually paid or needed to satisfy the charges; arguing pain-and-suffering amounts is limited; voluntary dismissal during trial is limited; new rules for negligent-security cases.

If the insurer says you were partly at fault

  1. Get the police report. Ask the police agency that worked the crash for a copy; the OCI advises asking the officer at the scene when the report will be filed and how to get it. Reporting a crash in Georgia and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Georgia Office of Commissioner of Insurance and Safety Fire, Consumer Services.
  4. Sue before the deadline: 4 years for property damage and 2 years for injury. Deadlines to sue in Georgia, with the calculator

Who pays in Georgia: fault and payout explainer

Modified comparative fault (50% bar)In Georgia, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Free help in Georgia

Questions about comparative fault in Georgia

Is Georgia a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. O.C.G.A. § 51-12-33(a), (g): you recover nothing if you are 50% or more at fault; otherwise your damages are reduced by your share of fault.

Where can I complain if an insurer blames me unfairly in Georgia?

Georgia Office of Commissioner of Insurance and Safety Fire, Consumer Services: https://oci.georgia.gov/file-consumer-insurance-complaint · (800) 656-2298

How do I get the police report in Georgia?

Ask the police agency that worked the crash for a copy; the OCI advises asking the officer at the scene when the report will be filed and how to get it. For Georgia State Patrol crashes, request records from the Georgia Department of Public Safety Open Records Unit, including online through its EPORTS system; requests fall under the Georgia Open Records Act and may carry a fee. Official page: https://dps.georgia.gov/divisions/open-records-unit

More for Georgia drivers

Nearby states

Sources and last check
Sources

Last checked: Oct 24, 2026.