Hit by Another Driver in Georgia? What to Do When the Crash Wasn’t Your Fault

If another driver caused your crash and you were hurt, Georgia law lets you claim against that driver for your medical bills, lost income and the pain the injury causes. In most cases you have two years from the crash to file a lawsuit for your injuries (O.C.G.A. § 9-3-33), but the evidence that proves the other driver was at fault starts disappearing within days.

Video: 5 Things to Do If You’re in a Car Accident (0:53).

This guide covers what to do after a not at fault car accident in Georgia, for drivers, passengers, pedestrians and cyclists who were hurt.

Key Points

• The driver who caused the crash, through their liability insurance, pays for your injuries in Georgia.
• You can still recover if you are blamed for part of the crash, as long as your share is under 50 percent (O.C.G.A. § 51-12-33).
• Crashes with a commercial truck, an Uber or Lyft, or a medical transport van often carry far more insurance than a typical car crash.
• You generally have two years to file an injury lawsuit (O.C.G.A. § 9-3-33).

Who Pays After a Not at Fault Car Accident in Georgia?

Georgia is a fault state, so the driver who caused the crash, through their liability insurance, is responsible for the harm. In practice, money can come from three places:

• The at-fault driver’s liability insurance. This is the main source. Their insurer pays for the harm their driver caused, up to the policy limit.
• Your own uninsured/underinsured motorist (UM) coverage. If the other driver has no insurance, too little insurance, or drove away, your UM coverage, if you carry it, can fill the gap. Hit-and-run claims have extra proof rules, such as physical contact with the other vehicle or an eyewitness other than you who backs up your account (O.C.G.A. § 33-7-11). Our guide to uninsured motorist coverage in Georgia explains how it works.
• Your medical payments (MedPay) coverage, if your policy includes it. It can help with early medical bills regardless of fault.

Compensation can include medical treatment, lost wages, future care and pain and suffering. See the types of damages available in Georgia.

What to Do in the First Days After the Crash

1. Get medical care, and keep going. Gaps in treatment are what insurers point to when they argue you weren’t really hurt.
2. Get the police report number. You’ll need it for the claim.
3. Save the evidence. Photos of both vehicles, the scene and your injuries; names and phone numbers of witnesses; any nearby cameras.
4. Report the claim, but be careful what you say to the other driver’s insurer. You are not required to give them a recorded statement. Read how to handle calls from insurance adjusters first.
5. Don’t sign a release or accept a quick check before you know the full extent of your injuries. A general release usually ends the claim for good. Learn what a settlement release gives up.

Our step-by-step checklist covers the scene itself.

The Other Driver Got the Ticket. Does That Prove the Crash Was Their Fault?

A ticket is strong evidence, but it is not the final word on fault in your injury claim. If the other driver pleads no contest (nolo contendere) to the ticket, Georgia law bars that plea from being used against them in your case (O.C.G.A. § 17-7-95(c)). Fault in your claim is proven with the evidence itself: the damage to the vehicles, the photos, witnesses and video.

That is why it matters to collect evidence even when the police clearly blamed the other driver.

What If the Insurer Says I Was Partly at Fault?

Insurers often try to shift part of the blame to you, because it lowers what they pay. Under Georgia’s comparative fault rule, you can still recover as long as you are less than 50 percent responsible, and your recovery is reduced by your share (O.C.G.A. § 51-12-33). An adjuster’s opinion is not a legal finding. Our post on being blamed for a crash explains how that fight works.

Common Crashes Where You’re Usually Not at Fault

• Being rear-ended in traffic or at a light
• A driver running a red light or stop sign
• A driver turning left across your lane
• Being hit while stopped or parked
• Riding as a passenger in any car, including an Uber or Lyft or a medical transport van
• Being hit as a pedestrian or on a bicycle
• A collision with a commercial truck or 18-wheeler

Each still turns on its facts, but these are the cases where the evidence most often points at the other driver.

When a Truck, an Uber or Lyft, or a Medical Transport Van Hit You

These are often the most serious crashes, and they often involve more insurance and more parties than a crash between two private cars.

• Uber and Lyft. From the moment a rideshare driver accepts a ride until the ride is complete, Georgia requires at least $1 million in liability coverage, plus uninsured motorist coverage of at least $300,000 per accident, with up to $100,000 per person. While the driver is logged in and waiting for a request, the minimum is $50,000 per person and $100,000 per crash (O.C.G.A. § 33-1-24). See our Atlanta Uber and Lyft accident attorney page.
• Commercial trucks. For-hire trucks of 10,001 pounds or more hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules, and $1 million to $5 million for certain hazardous materials (49 C.F.R. § 387.9). The trucking company can also be responsible for its driver. See our Atlanta truck accident attorney page and how federal trucking rules affect your case.
• Medical transport (NEMT) vans. Georgia Medicaid rides are arranged by a broker; Verida has been the statewide broker since April 1, 2026. A claim can involve the van driver, the transport company and, in some cases, the broker that arranged the ride. See our medical transport accident attorney page.

How Long Do I Have?

• Injury claims: generally two years from the crash to file a lawsuit (O.C.G.A. § 9-3-33).
• Vehicle damage: generally four years (O.C.G.A. § 9-3-31).
• Government vehicles (a city, county or state vehicle) can require written notice much sooner. See Georgia’s injury deadlines.

Who Flack Injury Law Represents

We represent people who were injured in a crash caused by someone else, and families who lost someone in a crash, with a focus on serious crashes involving commercial trucks, Uber and Lyft, and medical transport vans. We don’t defend drivers who are being sued, handle traffic tickets, or take coverage disputes with your own insurer over a crash you caused. For those, the Atlanta Bar Association’s Lawyer Referral and Information Service can help you find the right lawyer.

Talk Directly With Attorney Jonathan Flack

At Flack Injury Law, you work with Jonathan Flack himself, in English or Spanish, from your first consultation. There is no fee unless we recover compensation for you. Call or text (678) 653-0309. Calls are answered 24/7. Learn more about our Atlanta car accident attorney practice.

Frequently Asked Questions