How Minors Are Treated in Georgia Car Accident Claims
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When a child is hurt in a Georgia crash, two claims arise: the child’s own claim for the injury, whose two-year filing period does not start until the child turns 18, and the parent’s claim for the medical expenses the parent pays, which has no such protection. Settling the child’s claim follows O.C.G.A. § 29-3-3, which since May 2, 2022, requires court approval, and sometimes a conservator, once the gross settlement exceeds $25,000. A child is also held to a child’s standard of care.
Two claims from one injury
| The child's claim | The parent's claim | |
|---|---|---|
| What it covers | The child's pain and suffering, future medical care, and lost future earning capacity | Expenses the parent paid or owes, such as the child's medical bills |
| Filing deadline | Two years from the 18th birthday (§ 9-3-90(b)) | Not extended by § 9-3-90(b), which protects only the minor; calendar it from the crash |
| Settlement rules | § 29-3-3 | The parent's own decision |
Section 9-3-90(b) gives a person “less than 18 years of age when a cause of action accrues” the “same time after he or she reaches the age of 18 years to bring an action as is prescribed for other persons.” A child hurt at 9 therefore has until the 20th birthday on the child’s own claim. Nothing requires the family to wait; a parent or guardian can bring the claim while the child is a minor, and evidence is easier to gather early. The full set of deadlines is in the Georgia car accident statute of limitations.
Notice deadlines that do not wait
When the claim is against a city, the six-month notice deadline in § 36-33-5 is not extended for a child: in Dates v. City of Atlanta (2025), the Supreme Court of Georgia held that the minors’ tolling statute does not apply to the city notice. Its reasoning followed Department of Public Safety v. Ragsdale (2020), which held that the state’s 12-month notice period is not a statute of limitation and is not extended by the Code’s tolling provisions. For a county, § 36-11-1 measures the 12 months from “the removal of the disability”, so a child’s claim against a county has more time. Notice content and recipients are covered in road conditions and government liability in Georgia.
Settling a child’s claim
House Bill 620 (2022) rewrote § 29-3-3 around two figures. The gross settlement is the present value of everything paid to settle the minor’s claim, “including cash, expenses of litigation, attorney’s fees, and any amounts allocated to a structured settlement or other similar financial arrangement”. The net settlement is the gross reduced by attorney’s fees, litigation expenses, and legally enforceable liens paid from it, and by the present value of amounts the child will receive after turning 18 or that go into a court-approved trust.
| Gross | Net | What § 29-3-3(c) requires |
|---|---|---|
| $25,000 or less | Any | The natural guardian may compromise and receive the money without becoming conservator and "without any court approval", and must use it for the child's benefit |
| More than $25,000 | $25,000 or less | Court approval (probate court, or the court where a lawsuit is pending); no conservator |
| More than $25,000 | More than $25,000 | A conservator compromises and receives the money, with court approval |
For example, imagine a $60,000 gross settlement with a $20,000 attorney’s fee, $1,500 in expenses, and a $3,500 hospital lien paid from it. The net is $35,000 ($60,000 minus $25,000). Both figures exceed $25,000, so a conservator must handle the settlement with court approval. If $15,000 of the net were placed in a structured arrangement paying after the child turns 18, the net would fall to $20,000, and court approval without a conservator would apply. The figures are illustrative only.
The child’s own conduct
Under O.C.G.A. § 51-1-5, due care for “a child of tender years” is “such care as the child’s mental and physical capacities enable him to exercise in the actual circumstances of the occasion and situation under investigation”. Whether a child could be at fault, and how much, is judged by that capacity. A parent’s fault can also be considered: under § 51-12-33(c), the jury considers the fault of all persons who contributed to the injury, including nonparties, after the notice that § 51-12-33(d) requires. Drivers’ duties toward child pedestrians are covered in pedestrian rights in Georgia car accident claims.
When the minor was driving
A teenage driver’s crash raises the opposite question: who answers for the minor’s driving. A parent is not liable merely for owning the car or allowing its use. Liability runs through the family purpose doctrine, which requires a family car, family use, and the parent’s authority and control, or through negligent entrustment, which requires the parent’s actual knowledge that the driver was unfit. Both are explained in when employers and vehicle owners are liable for Georgia car accidents.
Sources
- O.C.G.A. §§ 9-3-90, 36-11-1, 51-1-5, 51-12-33 (text as published in March 2024 or in the Official Code of Georgia Annotated, November 2022 release); § 36-33-5.
- House Bill 620 (2022), as passed House and Senate (O.C.G.A. § 29-3-3).
- Dates v. City of Atlanta, No. S24G1246 (Ga. June 10, 2025)
- Department of Public Safety v. Ragsdale, 308 Ga. 210 (2020)
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.