No. Georgia is an at-fault, or tort, state. The driver who caused the crash, and that driver’s liability insurer, pay for the other person’s injuries, and an injured person may sue. There’s no state requirement to go first through your own personal injury protection.
What that means for an injured driver:
- Liability insurance. Every owner must carry it under O.C.G.A. § 33-34-4, at the minimums in § 33-7-11(a)(1)(A): $25,000 per person, $50,000 per accident, and $25,000 for property.
- No threshold. Georgia doesn’t require a minimum injury before a person can sue for pain and suffering.
- Comparative fault. Under § 51-12-33, the plaintiff’s share reduces the recovery, and 50 percent or more bars it.
- Medical payments. Georgia doesn’t require it, but insurers offer it under § 33-34-2(1) “without regard to the insured’s liability.” It’s optional, unlike no-fault coverage in other states.
- Your own coverage. Uninsured motorist coverage is included unless rejected in writing, § 33-7-11(a)(3).
Health insurance may pay first, and the plan may then seek reimbursement. Georgia’s complete compensation rule in § 33-24-56.1 limits some health plans’ reimbursement unless the person is fully compensated, while federal law may override it for self-funded plans.
A person from a no-fault state who crashes in Georgia should check both policies. Fault-based rules govern a suit brought in Georgia, but what a home-state policy pays depends on that policy. The filing deadline is two years, § 9-3-33.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.