Suing the At-Fault Driver in Georgia
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You can sue the at-fault driver at any time before the deadline runs, without waiting for the insurer to deny the claim; a claim against a government body first requires written notice. The decisions that come with suing are where to file (the county is set by the defendant’s residence, with exceptions for out-of-state drivers, unknown drivers, and multiple defendants), which court to use, whom to name, and how Senate Bill 68’s 2025 procedural changes affect the first months of the case.
The deadline that frames the decision
For bodily injury, O.C.G.A. § 9-3-33 gives two years after the right of action accrues. Property damage to a vehicle has a separate four-year period under § 9-3-31. Some events pause or change these periods; they are explained in the Georgia car accident statute of limitations.
Where to file: the county
The Georgia Constitution sets the general rule, as the Supreme Court of Georgia summarized in Carpenter v. McMann (2018): “venue generally lies in the county where the defendant resides.” The county where the crash happened is not, by itself, a proper venue against an individual Georgia driver who lives elsewhere. The exceptions that matter in car cases:
| Situation | Where the case may be filed | Source |
|---|---|---|
| One defendant who lives in Georgia | That defendant's county of residence | Ga. Const. Art. VI, Sec. II, Par. VI |
| Two or more defendants (joint tortfeasors) living in different counties | Any of their counties | Ga. Const. Art. VI, Sec. II, Par. IV; Carpenter |
| An unknown driver sued as "John Doe" under the uninsured motorist statute | The Doe defendant's residence is presumed to be the county where the crash occurred or the plaintiff's county, at the plaintiff's election | O.C.G.A. § 33-7-11(d)(1); Carpenter |
| A corporation or limited liability company, such as an employer or rideshare company | The county of its registered office; for a tort, also the county where the cause of action originated, with or without an office there, but if venue rests only on the second ground the corporation may remove the case to the county of its principal place of business within 45 days | O.C.G.A. § 14-2-510(b)(1), (3), (4); for a limited liability company, § 14-11-1108(b) |
| A motor carrier, such as a trucking company | In addition to the venues above, the county where the cause of action "or some part thereof arose"; this venue "shall be cumulative of any other venue provided by law" | O.C.G.A. § 40-1-117(b) |
| A driver who does not live in Georgia | For a Georgia plaintiff, the county where the accident or injury occurred or the cause of action originated, or the plaintiff's county; for a non-Georgia plaintiff, the county where it occurred | O.C.G.A. § 40-12-3 |
Carpenter shows how two rows combine. A known driver who lived in Crawford County and an unknown “John Doe” driver were sued in Bibb County, where the crash happened. Because the suit was against joint tortfeasors, the Court held it “may be tried in the county where either resides” and the Doe defendant’s residence was presumed to be Bibb County. Suits against an out-of-state driver are covered in out-of-state driver accidents in Georgia.
Which court
State courts and superior courts hear injury claims without a dollar limit on the amount. Magistrate court is limited by O.C.G.A. § 15-10-2 to civil claims of $15,000 or less. House Bill 999 (2026) raises that limit to $25,000 for actions filed on or after January 1, 2027. What magistrate court can and cannot do for a car accident claim is explained in small claims court for Georgia car accidents.
Whom to name
A complaint can name every party whose conduct may have caused the crash: the driver, an employer whose employee was driving on its business, a vehicle owner under the family purpose doctrine or negligent entrustment, a manufacturer if a defect is alleged, or a government body, which requires separate notice before suit. Under O.C.G.A. § 51-12-33(b), damages apportioned among defendants “shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.” Each defendant’s share therefore has to be collected from that defendant or its insurer.
What Senate Bill 68 changed at the start of a case
Senate Bill 68 (2025) rewrote three early procedural rules:
- Discovery stay during a motion to dismiss. If 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”, not 90 days from filing (§ 9-11-12(j)(1)). If a defendant files an answer before the ruling, the stay ends for that defendant. Limited discovery is still allowed when the motion raises certain defenses, or to identify parties who may be joined or substituted, or to establish jurisdiction (§ 9-11-12(j)(4)).
- Answer timing after a motion. Serving the motion changes the answer deadline: if the court denies the motion, the answer is due within 15 days after notice of that action (§ 9-11-12(a)(2)).
- Voluntary dismissal. A plaintiff may dismiss without a court order by filing a notice before “the sixtieth day following the date the opposing party serves an answer” (§ 9-11-41(a)(1)(A)). The clock runs from service of the answer, which may fall on a different day than its filing. After that, dismissal takes a stipulation of all parties who have appeared or a court order.
Because discovery can be paused at the start, evidence that may disappear (video, vehicle data, the vehicles themselves) is best preserved by written request before or at the time of filing. The step-by-step filing process is covered in how to file a car accident lawsuit in Georgia.
Questions before filing
- When did the crash happen, and which deadlines apply to each claim?
- Where does each defendant live, and is any driver unknown or from out of state?
- Is any defendant a government body that requires notice before suit?
- How much is claimed, and does that point to magistrate, state, or superior court?
- What evidence has to be preserved before discovery opens?
Sources
- Ga. Const. Art. VI, Sec. II, Pars. IV and VI, as applied in Carpenter v. McMann, 304 Ga. 209 (2018)
- O.C.G.A. §§ 9-3-31, 9-3-33, 51-12-33 (text of the Official Code of Georgia Annotated, November 2022 release); § 33-7-11(d) (text as published in March 2024); §§ 14-2-510, 14-11-1108, 40-1-117, 40-12-3 (text of the Official Code of Georgia Annotated, November 2022 release; no amendment to these sections 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).
- House Bill 999 (2026), as passed by the House and Senate, §§ 3 and 4 (O.C.G.A. § 15-10-2); Office of Legislative Counsel, 2026 Summary of General Statutes Enacted (Act 707).
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.