Is Georgia an At-Fault or No-Fault State?
Who pays after a crash depends on the fault system your state uses.
- Fault system
- At-fault (tort)
The driver at fault pays. Georgia has no no-fault system: liability coverage is the only injury coverage the state requires.
- Comparative negligence rule
- Modified comparative — 50% bar
A stricter bar than most states. A Georgia plaintiff who is 50 percent or more responsible recovers nothing — so equal fault already ends the claim, where a 51% bar state would still allow recovery at exactly 50 percent. Georgia's official code is published exclusively through a paywalled service, so this provision is cited to two independent reproductions of the code rather than to a state website.
What changed
April 21, 2025
Seat belt non-use became admissible evidence of comparative negligence
Senate Bill 68 (2025 Act 9, effective on the Governor's signature) rewrote O.C.G.A. § 40-8-76.1(d). Until then, failure to wear a seat belt could not be considered evidence of negligence at all. It may now be admitted on negligence, comparative negligence, causation, assumption of risk and apportionment of fault, and may be used to reduce a damages award. Guides that still say seat belt use is inadmissible in a Georgia injury case are describing the pre-2025 rule. Non-use still cannot be a basis for cancelling coverage or raising rates.
Georgia General Assembly — SB 68 (2025)