How to File a Car Accident Lawsuit in Georgia
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A Georgia car accident lawsuit starts when the complaint is filed in the right court and county before the deadline, and it moves forward only after the defendant is served. The defendant then has 30 days to answer or must respond by motion, and a defendant who does neither is in default. Senate Bill 68 (2025) changed the steps right after service: a motion to dismiss filed before the answer now stays discovery until the court rules, and the plaintiff’s window to dismiss without a court order closes 60 days after the answer is served.
Before the complaint
Three choices come first, and each is explained elsewhere:
- Deadline. Two years for bodily injury and four for vehicle damage, with exceptions; see the Georgia car accident statute of limitations.
- Court and county. Venue generally follows the defendant’s residence, with exceptions; see suing the at-fault driver in Georgia.
- Notice to a government defendant. A city, county, or state claim requires written notice before suit; see road conditions and government liability in Georgia.
The sequence after filing
| Step | Rule | What happens |
|---|---|---|
| Service | O.C.G.A. § 9-11-4 | The summons and complaint are served together on each defendant by an authorized person; for an individual, personally or at the dwelling with a person of suitable age and discretion who lives there, or on an authorized agent |
| Answer | § 9-11-12(a)(1) | "A defendant shall serve an answer within 30 days after the service of the summons and complaint" unless a statute provides otherwise |
| Motion instead of an answer | § 9-11-12(a)(2), (j) | If the court denies the motion, the answer is due within 15 days after notice; discovery is stayed meanwhile |
| Default | § 9-11-55(a) | With no timely answer the case is "automatically" in default; the defendant may open it "as a matter of right" within 15 days by filing defenses and paying costs |
| Opening a default later | § 9-11-55(b) | Only in the court's discretion, for providential cause, excusable neglect, or a proper case, with a sworn showing and a meritorious defense |
| Voluntary dismissal | § 9-11-41(a)(1)(A) | By notice only before "the sixtieth day following the date the opposing party serves an answer"; afterward by stipulation of all parties who have appeared or by court order |
The discovery stay
When a defendant files a motion to dismiss before filing its answer, discovery is stayed until the court rules. The court “shall decide the motion to dismiss within 90 days following the conclusion of briefing on such motion” (§ 9-11-12(j)(1)). If the court has not ruled within those 90 days, a party may move, for good cause shown, to terminate or modify the stay, and that remedy does not preclude others, such as a writ of mandamus (§ 9-11-12(j)(3)). The discovery period and its deadlines are extended by the length of the stay (§ 9-11-12(j)(2)). Limited discovery remains available when the motion raises certain defenses, to identify parties who may be joined or substituted, or to establish jurisdiction (§ 9-11-12(j)(4)). If a defendant answers before the ruling, the stay ends as to that defendant.
For example, imagine a defendant served on March 2 who files a motion to dismiss on March 30. Briefing on the motion ends on May 15. The 90 days for the court’s decision run from May 15, not from March 30, so the court’s deadline falls in mid-August. The dates are illustrative only.
Because discovery can pause, evidence that disappears on its own schedule (video, vehicle data, the vehicles) is best preserved by a written request before or when the case is filed. Which of these steps add time to a case is covered in how long a Georgia car accident case takes.
Discovery and experts
Once discovery opens, each side can use written questions, document requests, and depositions, and the medical and vehicle evidence is exchanged. Expert testimony must meet O.C.G.A. § 24-7-702, which “shall apply in all proceedings” except as it states and requires that the expert’s knowledge help the jury, rest on sufficient facts or data, and come from reliable principles and methods reliably applied. The kinds of experts used in crash cases are covered in expert witnesses in Georgia car accident cases.
Sources
- O.C.G.A. §§ 9-11-4, 9-11-55, 24-7-702 (text of the Official Code of Georgia Annotated, November 2022 release; no amendment listed in the 2023 to 2026 summaries of general statutes enacted).
- Senate Bill 68 (2025), as passed, §§ 2 and 3 (O.C.G.A. §§ 9-11-12, 9-11-41).
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.