The government’s identity changes the deadline, the damage limit, and who gets the claim. A crash with a county truck isn’t handled the same way as one with a state trooper or a federal mail carrier.
| Vehicle owner | Notice | Limits on recovery | Source |
|---|---|---|---|
| City | 6 months, in writing, to the mayor or council chair, with a specific dollar amount | $500,000 per person; $700,000 per occurrence; $50,000 property, unless raised | O.C.G.A. §§ 36-33-5, 36-92-2 |
| County | 12 months, presentment | Same | §§ 36-11-1, 36-92-2 |
| State | 12 months from discovery, to Risk Management and the agency | Georgia Tort Claims Act has its own limits | § 50-21-26; see § 50-21-29 |
| Federal | Administrative claim under the Federal Tort Claims Act | Federal rules | 28 U.S.C. § 2675 |
The waiver in § 36-92-2 applies to the “negligent use of a covered motor vehicle,” and it’s limited to the courts of this state. Under (d), the limit rises if the local government adopts a higher waiver, joins a risk pool with more coverage, or buys more insurance. Under § 33-24-51, an insured amount above the waiver can open recovery up to that insurance amount.
Pursuit and emergencies have their own standards. The driver’s own conduct may be measured under § 40-6-6, which treats emergency vehicles differently and has specific language on police chases.
Employee drivers may be protected. In some of these cases the suit runs against the government, not the driver personally. For that reason, naming the proper party is important, and the employee should be identified.
The two-year period under § 9-3-33 still runs. Against a city it’s suspended while the claim is pending, § 36-33-5(d). The first task is the vehicle’s markings, its tag, and the name of the agency, on the police report if possible.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.