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Atlanta car accidents: deadlines, crash reports and city claims

After a crash in Atlanta, Georgia law generally gives you two years to sue and bars recovery at 50% fault, but a claim against the City of Atlanta needs written notice within six months.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Atlanta, as everywhere in Georgia, you generally have 2 years from the crash to file an injury lawsuit. Georgia uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are cut by your share of blame, and you recover nothing if you were 50% or more responsible. The local trap is a much shorter clock: a claim against the City of Atlanta, for example over a city vehicle, needs a written Notice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary within 6 months of the crash.

Key facts

Injury lawsuit deadline
2 yearsO.C.G.A. § 9-3-33
Fault rule
No recovery at 50% or moreO.C.G.A. § 51-12-33(g)
Notice to the City of Atlanta
Within 6 monthsO.C.G.A. § 36-33-5
Minimum liability insurance
$25,000 / $50,000 / $25,000Per person / per crash / property
Personal injury protection
Not required
Crash report copy from GDOT
$5$2 more if certified
Traffic deaths in Atlanta, 2024
61ATLDOT count
Atlanta Bar referral line
(404) 521-0777

Deadlines and fault rules in Atlanta#

Atlanta has no crash deadlines of its own; Georgia law sets them. The Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for an injury lawsuit is 2 years under O.C.G.A. § 9-3-33, and the clock usually starts on the day of the crash. The Georgia guide covers the other state deadlines, such as vehicle damage and wrongful death.

Under O.C.G.A. § 51-12-33(g), each side gets a percentage of fault. Your damages are reduced by your share, and at 50% or more you recover nothing. So a 50–50 split means no recovery in Georgia, unlike states where the bar sits at 51%.

Georgia requires liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property. The Insurance Information Institute estimates that 19.0% of Georgia drivers were uninsured in 2023. The fault-rule explainer compares Georgia with other states.

Getting a crash report in Atlanta#

If the Atlanta Police Department (APD) handled your crash, the department says its accident reports can be bought online through BuyCrash or picked up at APD Central Records, Atlanta Public Safety Annex, 3493 Donald Lee Hollowell Pkwy NW.

Georgia limits who can get a Crash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary. Under O.C.G.A. § 50-18-72(a)(5), you sign a statement of need saying, for example, that you were a driver, own a damaged vehicle, were injured or saw the crash, or are an insurer or lawyer for someone involved.

GDOT, which stores the state's crash reports, also sells copies by mail for $5 each, plus $2 for a certified copy. If the Georgia State Patrol worked the crash, contact a State Patrol post or the Department of Public Safety's Open Records Unit. The police report guide explains how to read a report and fix errors.

Claims against the City of Atlanta#

Georgia law says you cannot sue a city over an injury or damage until you have given it written notice (O.C.G.A. § 36-33-5). For the City of Atlanta:

  1. Meet the deadline. The notice must reach the city within 6 months of the crash.
  2. Send it to the right person. It goes to the Mayor or the President of the Atlanta City Council, by personal delivery, certified mail or statutory overnight delivery.
  3. Include the details. State the time, place and extent of the injury, the negligence that caused it, and the specific amount you are claiming. Vehicle claims also need two repair estimates and proof of ownership.
  4. Wait for an answer. The city must act on the claim within 30 days. The Department of Law's claims line is (404) 546-4195.

Not every Atlanta street belongs to the city. ATLDOT's fatal crash reviews list roads such as Martin Luther King Jr. Drive (SR 139) and Moreland Avenue (US 23) as GDOT roads. Claims against the state or a county, such as Fulton or DeKalb, follow different notice rules and deadlines, and Sovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary limits them, so it helps to learn early which government body is responsible.

Crashes in Atlanta#

ATLDOT's Fatal Crash Review Commission counted 61 traffic deaths in the city in 2024, down from 79 in 2023. The count covers interstates, state-run streets and city streets, and the commission splits its safety fixes between GDOT and ATLDOT.

Where a lawsuit is filed#

Most of Atlanta is in Fulton County, and part is in DeKalb County. Which court hears a case depends on Georgia's venue rules and who is being sued, so a suit over an Atlanta crash is not always filed in Fulton County. Fulton County's courts are:

  • State Court of Fulton County. The county says it tries civil cases including serious personal injury and wrongful death.
  • Superior Court of Fulton County. The county's general trial court.
  • Magistrate Court of Fulton County. Small claims up to $15,000, with no jury trials. A 2026 state law raises the limit to $25,000 for cases filed on or after January 1, 2027.

Finding a lawyer in Atlanta#

The State Bar of Georgia does not refer clients itself; it points people to local bar associations. The Atlanta Bar Association runs a Lawyer Referral and Information Service at (404) 521-0777 or through its online request form. A first consultation of up to 30 minutes may cost $45. Before hiring anyone, look the lawyer up in the State Bar's member directory. See how lawyer referral services work.

Questions people ask

How long do I have to file a car accident lawsuit in Atlanta?

Generally 2 years from the crash for an injury claim. A claim against the City of Atlanta also needs written notice within 6 months, long before the lawsuit deadline.

How do I file a claim against the City of Atlanta after a crash?

Send a written notice to the Mayor or the City Council President within 6 months. It must describe what happened and the negligence, and state the amount you are claiming. The city's Department of Law publishes a Notice of Claim form.

How do I get an Atlanta police accident report?

APD says its reports can be bought online through BuyCrash or picked up at Central Records. You must be someone the law allows to get it, such as a driver, an injured person or their lawyer. GDOT also sells copies by mail.

Can I recover damages if I was partly at fault in Atlanta?

Yes, if your share of fault is under 50%. Your damages are reduced by your percentage; at 50% or more you recover nothing.

What is the small claims limit in Fulton County?

The Magistrate Court of Fulton County hears civil claims up to $15,000. For cases filed on or after January 1, 2027, the limit rises to $25,000.

Sources

  1. Atlanta Police Department, Open Records Unit — accident reports through BuyCrash
  2. Georgia Department of Transportation, Crash Reporting — police crash reports through BuyCrash or by mail
  3. Georgia Department of Public Safety, How do I obtain a traffic crash report? — State Patrol reports
  4. Fulton County Government, State Court — civil cases the court tries
  5. State Bar of Georgia, Find a Lawyer — the State Bar does not refer clients directly
  6. Office of the Governor of Georgia, 2026 signed legislation — HB 999 (magistrate court limit) signed
  7. Georgia General Assembly, Official Code of Georgia § 9-3-33 — as of October 2026
  8. Georgia General Assembly, Official Code of Georgia § 51-12-33(g) — as of October 2026
  9. City of Atlanta Department of Law, Filing a Notice of Claim (with O.C.G.A. § 36-33-5) — as of October 2026
  10. Georgia Department of Transportation, Individual Crash Report Request form — as of October 2026
  11. Atlanta Department of Transportation, Fatal Crash Review Commission 2024 Annual Report & 2025 Q1 Review — as of October 2026
  12. Atlanta Bar Association, Lawyer Referral and Information Service — as of October 2026
  13. Atlanta Police Department, FAQ list — as of October 2026
  14. Fulton County Government, Magistrate Court — as of October 2026
  15. Georgia General Assembly, HB 999 (2026) as passed House and Senate, Section 3 (amending O.C.G.A. § 15-10-2) — as of October 2026
  16. State Bar of Georgia, Member Directory — as of October 2026
  17. Georgia Office of the Commissioner of Insurance and Safety Fire, Auto Insurance — as of October 2026
  18. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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