How Long Does a Georgia Car Accident Case Take?
No statute sets how long a Georgia car accident case takes, and no honest figure fits every case. What can be said is which steps add time and which deadlines are fixed. A claim that settles before suit is paced by medical treatment and negotiation. A lawsuit adds service, a 30-day answer period, discovery, and trial scheduling, and Senate Bill 68 extended the discovery stay during a motion to dismiss until the court rules and an option for phased trials.
Fixed points on the calendar
| Step | Time set by law | Source |
|---|---|---|
| Filing an injury lawsuit | Within two years after the claim accrues | O.C.G.A. § 9-3-33 |
| Notice to a city | Within six months of the event | § 36-33-5 |
| Notice to a county or state agency | Within 12 months | §§ 36-11-1, 50-21-26 |
| Defendant's answer | Within 30 days after service | § 9-11-12(a)(1) |
| Answer after a denied motion to dismiss | Within 15 days after notice of the ruling | § 9-11-12(a)(2) |
| Court's decision on a motion to dismiss | Within 90 days following the conclusion of briefing | § 9-11-12(j)(1) |
| Insurer's time to accept a § 9-11-67.1 offer | At least 30 days from receipt, as the offer states | § 9-11-67.1 |
What adds time
- Medical treatment. Future damages are proved more firmly once a physician can describe the long-term picture. The lawsuit deadline does not wait for that.
- Disputed fault. Reconstruction, experts, and depositions take time; see how accident reconstruction is used in Georgia car accident cases.
- Several defendants or insurers. Each must be served and each answers; coverage questions can come first.
- A motion to dismiss filed before the answer. Discovery is stayed until the court rules, subject to the limited exceptions in § 9-11-12(j)(4).
- Phased trial. Any party may elect fault first, then damages, under § 51-12-15, which changes how the trial is presented; the court may refuse the election only on an opposing party’s motion when the amount in controversy is under $150,000 or in the sexual-offense situation the statute describes.
- Liens and approvals. Hospital liens, health plan claims, and court approval of a child’s settlement can each need to be resolved before the money is distributed.
What can shorten it
- Clear liability evidence preserved early.
- Complete medical records and bills gathered as treatment proceeds.
- A settlement offer that meets § 9-11-67.1, with the records the insurer needs to evaluate the claim.
- Identifying every insurance policy at the start.
For example, imagine two crashes on the same day. In one, fault is clear, treatment ends in four months, and the insurer accepts a policy-limits offer 30 days after receiving it. In the other, fault is disputed, surgery is needed, and the case is filed and set for a phased trial. The first may close within months; the second can take years. The examples are illustrative only.
How the lawsuit steps fit together is explained in how to file a car accident lawsuit in Georgia.
Sources
- O.C.G.A. §§ 9-3-33, 36-11-1, 50-21-26 (text as published in March 2024); § 36-33-5 (text of the Official Code of Georgia Annotated, November 2022 release); §§ 9-11-12, 51-12-15 (Senate Bill 68 (2025), as passed); § 9-11-67.1 (Senate Bill 83 (2024), as passed, LC 48 1320S).
This page describes Georgia law as of October 2026 for general information. It is not legal advice and does not create an attorney-client relationship.