What To Do If You’re In a Car Accident Without Insurance But Not At Fault In Georgia

Driving without insurance is a serious offense in Georgia—your license could be suspended if you’re in an accident while uninsured.
Written by Jason Tushinski
Reviewed by Kathleen Flear
The consequences can be severe if you’re an uninsured driver involved in a car accident in Georgia. If it is determined you are not at fault, or share no more than 49% of the blame, the at-fault driver will be liable for their proportion of fault in the accident. However, you will likely face penalties for driving without car insurance in Georgia. 
No one wants to be involved in a car accident, which is both scary and stressful. But being involved in an accident when you’re uninsured can be terrifying—that’s why
Jerry
, the
car insurance
expert, has put together this guide to walk you through car accidents in Georgia when you don’t have insurance. 
We’ll inform you of what you’re entitled to if you're involved in an accident as an uninsured driver, what penalties you can face, and help you find low-cost
Georgia car insurance
to avoid these very-avoidable headaches.

What to do if you’re in a car accident without insurance in Georgia and not at fault

Driving while uninsured is a misdemeanor in Georgia. If you’re involved in an accident and you aren’t at fault, you can still find yourself drowning in fines and with a suspended license at the very least. Here’s what to do if you’re involved in an accident in the Peach State without insurance.
First, remain at the scene. Your first instinct might be to leave an accident scene due to your lack of insurance, but committing a hit-and-run in Georgia comes with steep penalties, which can include:
  • Potential license suspension
  • Fines between $300 and $1,000
  • Possible felony conviction if the accident leads to serious injury or death
  • Between one and five years in prison
Do your best to stay calm
after the car accident
. Pull over and check on your safety, that of your passengers, and anyone else involved in the collision. Call 911 if necessary and be sure to exchange information with the other driver(s) involved. Remember to document any evidence with photos, as this can help prove you were not at fault.
If you weren’t at fault, you’ll need to prove that the other driver was more than 50% liable for the accident and that you were 49% or less responsible. If you are ruled not at fault, you’ll be able to pursue damages for only the at-fault driver’s proportion of the blame. 
For example, say you were passing through an intersection on a green light at 5 mph over the speed limit. Meanwhile, a drunk driver going 30 mph over the speed limit goes through a red light and plows into your vehicle. For example’s sake, let’s say your damages were assessed at $100,000. Several things could happen:
  • If it is determined that the impaired driver is 100% to blame for the accident, you would be entitled to the full share, or 100%, of the damages—in this case, $100,000.
  • Or, say a jury assigned you 10% of the blame (due to driving 5 mph over the speed limit), but still finds the impaired driver is found to be 90% at fault—in this case, you would be entitled to damages minus your 10% of the blame, so $90,000.
Even if you share little (or none) of the fault in an accident, you still might be in legal jeopardy if you’re driving uninsured. Georgia requires all drivers to carry a minimum amount of liability coverage, so you’ll likely still face penalties even if it is determined that you are 49% or less at fault.
Key Takeaway You’ll face penalties for getting into an accident without the minimum insurance in Georgia—even if you aren’t found to carry any fault.

Who decides fault in a car accident in Georgia?

Ultimately, insurance companies determine which driver is at-fault, or how much fault applies to each driver involved. 
Almost all cities in Georgia require drivers involved in a vehicle accident to call the police immediately. Police reports can play a significant role in determining fault, but insurance companies have the final say.
If you are not at fault, do your best to gather as much evidence as you can from the accident scene. Photographs of any damage, injuries, and the scene can go a long way in demonstrating you are not at fault and not liable for the other driver’s damages.
RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Find insurance savings

Do you need to report a car accident in Georgia?

Yes—you must contact the local police department in the city or county where the accident occurred if there is damage exceeding $500 or if there are deaths and/or injuries involved. Contact the Georgia State Patrol if the accident occurred on a highway. 
If you don’t report an accident you were involved in under the above circumstances, you could be charged with a hit-and-run.

What if you’re at fault?

If you are at fault in an accident while driving uninsured in Georgia, you’ll be in a lot of trouble. Georgia is a modified comparative negligence state, so you’ll be financially responsible for your portion of the other driver’s damages if you are deemed more than 50% negligent for the accident. The not-at-fault driver can file a lawsuit against you to recover these damages. 
If the other party has
uninsured/underinsured motorist coverage
, they could be compensated through this route—every insurer in Georgia is required by law to offer uninsured motorist coverage to policyholders. 
No matter what, you’ll likely face legal consequences for driving in Georgia without insurance and causing an accident. According to
O.C.G.A. § 40-6-10
, you can be charged and convicted of a misdemeanor, which can include the following penalties:
  • Fines ranging from $200 to $1,000
  • Up to one year in prison
  • Loss of driving privileges for between 60 and 90 days

What if you’re hit by an uninsured driver in Georgia?

If you don’t carry insurance and you’re hit by an uninsured driver in Georgia, you can sue the at-fault driver—but it could take months or years to get damages. 
There are ways to protect yourself from being involved in an accident with an at-fault, uninsured driver—Georgia law mandates that all insurance companies operating in the state must offer uninsured motorist coverage and underinsured motorist coverage (UM/UIM) to all policyholders. These add-on policies, cover any medical bills that would otherwise be covered by the at-fault driver’s insurance. If the at-fault driver doesn’t have enough
bodily liability coverage
to cover your costs, UM/UIM will cover the remainder.
The Peach State requires insurers to offer minimum amounts of UM/UIM coverage, as follows:
  • $25,000 for bodily injury coverage per person 
  • $50,000 for bodily injury coverage per accident
  • $25,000 for property damage per accident
Remember, these are just the minimums—experts recommend buying more than the state’s UI/UIM requirements, as both medical and property damages can far exceed these minimums. 
While Georgia insurers are legally obligated to offer UM/UIM coverage to policyholders, it is not legally required for policyholders to buy UM/UIM coverage—you can opt-out. That said, buying UM/UIM coverage is an easy way to stay safe and protected on the road and typically ranges in price from an average of just $4 to $13 per month.
If you’re still not sure whether you want to spend the extra money on UM/UIM coverage, consider this—according to the Insurance Information Institute (III), 12%, or roughly 1 in 10 Georgia drivers carry no insurance. Also, two of Georgia’s neighbors,
Florida
and
Alabama
, have very high rates of uninsured drivers—20.4% and 19.5%, respectively—with many drivers engaging in cross-state travel every day.

Penalties for driving without insurance in Georgia

Don’t be fooled into thinking that driving without insurance is a great way to save money—the legal consequences could come back to seriously bite you.
Here are the penalties for driving in Georgia without insurance for a first offense:
  • $200 fine
  • Minimum 60-day license suspension
  • $25 lapse fee
  • $60 registration reinstatement fee
The penalties for a second offense are harsher, including the following:
  • Up to $1,000 in fines
  • Up to one year in prison
  • Minimum 90-day license suspension
  • $25 lapse fee
  • Up to $160 registration reinstatement fee
Driving without insurance in Georgia is considered a misdemeanor. You won’t be able to drive for the entirety of your driver’s license suspension, even if you do get your insurance in order. Speaking of, your future insurer will likely have to file an
SR-22 form
on your behalf, which proves that you meet Georgia’s minimum liability requirements. To add insult to injury, your insurance premiums will rise significantly. 
Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds
Compare insurance quotes from 50+ carriers with Jerry in under 45 seconds
icon4.7/5 rating on the App Store | Trusted by 5+ million customers and 7 million cars
icon4.7/5 app rating | Trusted by 5M+ drivers

Minimum required car insurance in Georgia

In Georgia, all drivers are legally required to meet
the state's minimum liability requirements
, which are as follows:
  • $25,000 for bodily injury coverage per person 
  • $50,000 for bodily injury coverage per accident
  • $25,000 for property damage per accident
Keep in mind that such low minimums will likely only cover minor accidents. Experts recommend boosting the amount of coverage you have, in the neighborhood of roughly $100,000 per person, $300,000 per accident for bodily injury, and $100,000 to cover property damage liability. Not only is it relatively affordable to upgrade your insurance to carry robust minimums, but it will also protect you in most circumstances. 
While it is not mandatory to purchase
collision
and/or
comprehensive insurance
in Georgia, it is a good idea. Collision protects your own vehicle in an accident—no matter who’s at fault—and comprehensive coverage will pay for damages due to severe weather, glass damage, vandalism, theft, and more. 

Driving without insurance can increase premiums

A final reason to carry at least Georgia’s minimum amount of car insurance—if you’re
caught driving uninsured
, your premium will be higher to insure your vehicle afterward. Car accidents and driving violations, along with any points tied to them, will remain on your record and will impact the insurance premium you pay.

How to find cheap car insurance in Georgia

If you are avoiding paying for Georgia car insurance because you want to save money, we hope you’ll reconsider—you’ll end up paying lots more if you are caught or if you cause an accident while driving without insurance.
That said, it has never been easier to find a great
car insurance
policy at an affordable price when using
Jerry
, the web’s
most trustworthy insurance shopping super app
!
Sign-up takes just 45 seconds, and then Jerry gets to work comparing quotes from more than 50 top insurers to make sure you get the coverage you want at a price that works for you. Once you pick your new policy, Jerry signs you up and helps you cancel your old policy. Best of all? The average Jerry user saves more than $800 per year on car insurance!
 “
Jerry
is a great product with great customer service! The quote comparison found me lots of options being in Georgia.” —Gregory K.
RECOMMENDED
Thousands of customers saved on average $887/year on their car insurance with Jerry
This app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍
avatar
Gabriella R.
Find insurance savings
rating primary
4.7/5 Rating on App Store
Are you overpaying for car insurance?
Compare quotes and find out in 45 seconds.
Try Jerry

Easiest way to compare and buy car insurance

√
No long forms
√
No spam or unwanted phone calls
√
Quotes from top insurance companies
Find insurance savings