Stop, check for injuries, and move to safety
The first moments after a crash determine what happens next. Stop your vehicle when ready. If you can do so safely and traffic allows, move both vehicles out of the travel lanes and into a parking lot, shoulder, or side street — staying in traffic puts everyone at greater risk. Turn on your hazard lights.
Check yourself and your passengers for injuries. If anyone is hurt, call 911. Do not move an injured person unless they are in when ready danger from fire or oncoming traffic. Even if injuries seem minor, shock can mask pain, so err on the side of caution.
If there are no injuries and the vehicles can be driven, Georgia law does not require you to call police for minor accidents. However, if there is significant damage, injuries, or the other driver leaves the scene, you must report it to police. Call the non-emergency line for your city or county if it is not an emergency situation.
Key Takeaways
- Move vehicles out of traffic if safe to do so, turn on hazards, and call 911 only if anyone is injured.
- Exchange name, phone number, address, driver's license number, insurance company name, and policy number with the other driver — do not discuss fault or apologize.
- Take photos of vehicle damage, the accident scene, road conditions, and traffic signs from multiple angles before anyone leaves.
- Report the accident to your insurance company within a few days, and keep copies of the police report number and all documents you collect.
- Georgia is a fault state, meaning the at-fault driver's insurance pays for damage, but you have a limited time to file a claim or lawsuit.
Collect information from the other driver and witnesses
Do not leave the scene until you have gathered details from the other driver. Write down their full name, phone number, home address, driver's license number, vehicle make and model, license plate number, and the name and policy number of their insurance company. Ask for their insurance card or take a photo of it. Do not discuss who caused the accident or apologize — stick to factual information only.
If there are witnesses, get their names and phone numbers. Witnesses often leave before police arrive, so collect their contact information yourself. Ask them to describe what they saw, but do not coach them or suggest what happened.
Write down the date, time, location, and weather conditions. Note the road type (highway, residential street, intersection), traffic signals or signs, and the direction each vehicle was traveling. This information becomes important later if there is a dispute about how the accident occurred.
Document the scene with photos and video
Take photos of all vehicle damage from multiple angles — close-ups of dents, scratches, and broken parts, plus wide shots showing the overall damage. Photograph the other vehicle's damage as well. Take pictures of the accident scene itself: the road surface, any skid marks, debris, traffic signals, street signs, and the position of both vehicles relative to the road.
If possible, take a short video walking around the scene and narrating what you see. This creates a time-stamped record and can be more convincing than still photos alone. Photograph weather conditions, lighting, and any visible road hazards.
Do not delete these photos. Store them in at least two places — your phone and a cloud backup, or email them to yourself. Insurance companies and police will ask for these images, and they are often the clearest evidence of what happened.
Report the accident to police if required
Georgia law requires you to report an accident to police if there are injuries, significant property damage, or if the other driver leaves the scene. For minor fender-benders with no injuries and both drivers present, a police report is not legally required, but it is often a good idea anyway because it creates an official record.
When police arrive, give them a factual account of what happened. Stick to what you saw and heard, not what you think caused the accident. The police report will include the officer's name and badge number, the report number, and a summary of the accident. Ask the officer for the report number before they leave, or ask how to obtain it later. Most Georgia police departments allow you to request reports online or by phone within a few days.
Do not sign anything except the police report itself. Do not accept cash from the other driver in place of a report — this is illegal in Georgia and leaves you without documentation if injuries appear later.
Notify your insurance company promptly
Contact your insurance company within a few days of the accident, even if you were not at fault. Your policy likely requires prompt notice, and delays can complicate your claim. Have the other driver's insurance information, the police report number (if one was filed), and your photos ready when you call.
Tell your insurer what happened in factual terms. Do not speculate about fault or apologize. Stick to: the date, time, and location; the other vehicle's make, model, and license plate; the other driver's name and insurance company; and whether police responded. Your insurer will assign a claims adjuster who will contact you to schedule an inspection of your vehicle.
Keep a record of every conversation with your insurance company, including the date, time, the person's name, and what was discussed. Save all documents they send you, including the claim number, the adjuster's contact information, and any repair estimates.
Understand Georgia's fault system and time limits
Georgia is a fault state, which means the driver who caused the accident is responsible for paying for the damage. The at-fault driver's insurance company pays claims, not yours (unless you have collision coverage and choose to use it). This is different from no-fault states, where each driver's own insurance pays regardless of who caused the accident.
You have four years from the date of the accident to file a lawsuit in Georgia if the insurance claim does not resolve to your satisfaction. However, do not wait until year four — most claims settle within weeks or months. If the other driver's insurance denies your claim or offers far less than your damages, you may need to consult an attorney, but many accident claims are resolved without going to court.
If you were injured, you have two years from the date of the accident to file a personal injury lawsuit. Medical bills and lost wages can add up quickly, so report injuries to your insurance company and seek medical attention promptly, even if you feel fine at first.
What to do if the other driver has no insurance
If the other driver has no insurance, your own uninsured motorist coverage may pay for your damages. This coverage is optional in Georgia, but many drivers carry it for exactly this reason. Check your policy to see if you have it and what the coverage limit is.
Report the accident to police and to your insurance company, and make clear that the other driver was uninsured. Your insurer will investigate and may file a claim against the other driver directly, though collecting from an uninsured driver is often difficult. If you do not have uninsured motorist coverage, you can still sue the other driver in small claims court or civil court, but you will need to pay for the lawsuit yourself and collect the judgment afterward.
If the other driver hit you and left the scene, report it to police as a hit-and-run. Your uninsured motorist coverage may still explore, depending on your policy. Some policies require you to report hit-and-runs within a specific time frame, so contact your insurer as soon as possible.
Frequently Asked Questions
Do I have to call the police for every accident in Georgia?
No. Police reports are required only if there are injuries, significant property damage, or a hit-and-run. For minor accidents with no injuries and both drivers present, a report is optional but often helpful because it creates an official record that your insurance company can reference.
What if I was partially at fault for the accident?
Georgia uses comparative negligence rules. If you were partially at fault, you can still recover damages, but your award is reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $10,000, you would recover $8,000. If you are found to be more than 50 percent at fault, you cannot recover anything.
How long does it take to settle an accident claim?
straightforward claims with clear liability and minor damage often settle within two to four weeks. More complex claims with injuries or disputed fault can take several months. Your insurance adjuster can give you a timeline based on your specific situation.
Should I accept the first settlement offer from the other driver's insurance?
Not necessarily. The first offer is often lower than what you are may have access to to. Review the offer against your repair estimates and any medical bills. If the offer seems too low, you can negotiate or ask your insurance company for guidance. Do not accept an offer that does not cover your actual damages.
What if the other driver admits fault at the scene but their insurance company denies it later?
An admission at the scene is helpful but not binding on the insurance company. This is why photos, witness statements, and the police report are so important — they provide independent evidence. If the other driver's insurer denies fault despite clear evidence, your own insurance company can help push back, or you may need to consult an attorney.