Georgia Car Insurance FAQs

A denial is not the end of the road. An experienced personal injury attorney can review the basis for the denial, determine whether it is legally supportable, and—if not—pursue litigation including potential bad faith penalties under O.C.G.A. § 33-4-6. Do not accept a denial as final without getting a second opinion from a qualified attorney.

The general statute of limitations for personal injury claims in Georgia is two years from the date of the accident under O.C.G.A. § 9-3-33. However, some policies have contractual notice and claim-filing requirements that are shorter. Do not rely on the two-year window as a safe harbor—contact an attorney promptly after your accident.

This is why your attorney should investigate coverage early and ensure your UIM carrier is properly notified before any settlement. Georgia case law has made it clear that failing to follow the proper procedural steps can forfeit your UIM rights. Having an attorney from the beginning prevents this costly mistake.

UM coverage in Georgia includes both bodily injury and property damage components, but they are purchased separately. Uninsured Motorist Property Damage (UMPD) is a distinct coverage that pays for damage to your vehicle when the at-fault driver is uninsured. Review your declarations page to confirm whether you have UMPD coverage.

Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. As long as you are less than 50% at fault, you can recover damages reduced proportionally by your share of fault. Your UM/UIM coverage may still be available, though the recovery amount will be adjusted for comparative fault.

How long does an accident stay on your insurance?

Another common concern people have after a car accident in Atlanta is, “How long will it stay on my insurance?” Being the cause of an accident can mean paying a higher insurance premium, which is something that all drivers would like to avoid.

The answer is going to depend on which insurance company you use and what their internal procedures are. It’s also going to depend on the regulations of that state. In our state of Georgia, an accident will stay on your record for seven years.

This is only in cases where you are at fault for the accident. If you are involved in an accident but you are not found to be at fault, then it should not be on your record with the insurance company at all. If you have any further questions, please give us a call at (844) 428-4529. That is 844-HAUG LAW. We look forward to speaking with you.