Total loss by formula
Car insurance claim rules in Georgia
The deadlines a Georgia insurer has on a claim under your own policy, how a totaled car is valued, when to call the police, and how long you have to sue.
By Valoroath Editorial Team Updated 6 min read
In plain terms
Georgia's insurance rule for claims under your own policy is one of the stricter ones. The insurer has 15 days to acknowledge your claim, 15 days after it receives your completed proof of loss to accept or deny a car claim, and 10 days to pay once coverage is confirmed and the amount is settled. If it needs more time it must tell you why, and the whole decision may not take more than 60 days from notice unless you still owe it information. A totaled car's value must include taxes and fees. Call the police after any crash with an injury or $500 of damage. You have two years to sue for injuries and four for property.
- Total loss rule
- Insurer's formula, no %
- Insurer must decide
- 15 days after proof
- Deadline to sue
- 2 yrs injury, 4 property
- Fault system
- At-fault
Georgia claim rules on one sheet
- Total loss rule No percentage in law; insurer's formula O.C.G.A. §40-3-36 ties salvage titles to a paid total loss claim. Settlements include taxes and fees (Rule 120-2-52-.06).
- Insurer must acknowledge 15 days after notice of the claim
- Insurer must decide 15 days after completed proof of loss (car claims); 60 days at most Written reason within 5 business days if late; pay within 10 days after coverage is confirmed (Rule 120-2-52-.03).
- Deadline to sue 2 years for injury; 4 years for property damage
- Fault system At-fault; recovery barred at 50% fault or more
- Police report needed At once for injury, death or apparent damage of $500 or more
- State crash report None required from drivers; the responding officer writes the report
A summary by Valoroath of the state's statutes and regulations, not an official document. The sources are listed at the end of this page.
The clock on a Georgia claim
The Office of Commissioner of Insurance and Safety Fire sets these deadlines in Rule 120-2-52-.03, part of its rules on fair settlement of first-party property damage claims, which are claims under your own policy, such as collision and comprehensive. The rule doesn't time a claim against another driver's insurer.
| Step | Deadline | Paragraph |
|---|---|---|
| Acknowledge the claim | 15 days after notice | (1) |
| Send proof of loss forms, if needed | 15 days | (2) |
| Accept or deny a motor vehicle claim | 15 days after the completed proof of loss | (3) |
| Tell you why it needs more time | 5 business days after that deadline passes | (5) |
| Pay once coverage is confirmed and the amount is agreed | 10 days | (4) |
When no proof of loss form is required, the insurer has 30 days from your claim to investigate coverage. The total time to accept or deny may not pass 60 days from notice of the claim, unless the file shows that information it asked for hasn't arrived. Answer requests quickly and keep dated copies. Our page on claims that drag on shows how to follow up in writing.
Repairs and estimates in Georgia
Rule 120-2-52-.04 sets what an insurer owes you on a repair. The insurer must give you a copy of the estimate it used if you ask. Its estimate must be reasonable.
- Your shop's estimate is higher. The insurer must either name a shop that will do the work for its estimate or pay the difference. If you show higher necessary costs, it must review and respond within 15 days.
- Limits on deductions. Deductions for betterment and depreciation must reflect a measurable drop in value and be documented. Deductions for wear, tear or rust are capped at $1,000, and all such deductions at 20% of the car's value before the loss.
- No supplying parts. The insurer can't make you supply replacement parts yourself.
When a Georgia car is a total loss
The title statute we reviewed, Section 40-3-36 of the Official Code of Georgia, sets no repair percentage for a total loss; it ties salvage status to a total loss claim the insurer pays. In practice the insurer totals a car when repair cost plus salvage value approaches the car's value. What the settlement must include is set by Rule 120-2-52-.06.
- Comparable cars: the cost of a car from the same manufacturer, same model year, similar body style, options and mileage, based on two or more comparable cars within 50 miles of the county seat where your car was kept, or within 100 miles if there are none.
- Taxes and fees: all applicable taxes, license fees and other fees of transferring ownership, limited to what would have been paid on your totaled car, less your deductible.
- The title: if the insurer can't get the signed title within 30 days after you accept a total loss payment, it may apply for a salvage title itself. How to check the number is in our guide to total loss claims.
Reporting a Georgia crash
Section 40-6-273 requires the driver to report a crash immediately, by the quickest means, when it injures or kills someone or causes property damage that appears to be $500 or more. Inside a city, call the local police; outside a city, the county sheriff or the nearest State Patrol post.
The section sets no written report for drivers. The report your insurer asks for is the one the responding officer writes, so get the officer's name, agency and report number before you leave.
Fault, deadlines to sue and complaints
Georgia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the damage. Under Section 51-12-33, your recovery drops by your share of fault, and you recover nothing if you are 50% or more responsible. Section 9-3-33 gives two years to sue for injuries, and Section 9-3-31 gives four years for damage to personal property such as your car.
- Ask the insurer in writing for the reason for a denial or a low offer and the policy language it relies on.
- Call the Consumer Services Division of the Office of Commissioner of Insurance and Safety Fire at 800-656-2298 (404-656-2070 in Atlanta).
- Submit a complaint online through the office's website; our guide to insurance department complaints shows what to include.
Questions people ask
How long does a Georgia insurer have to pay a car insurance claim?
On a claim under your own policy, it must acknowledge it within 15 days, accept or deny within 15 days after it gets the completed proof of loss, and pay within 10 days after coverage is confirmed and the amount is agreed.
Does a Georgia total loss settlement include sales tax?
Yes. Rule 120-2-52-.06 includes all applicable taxes, license fees and other fees of transferring ownership in a total loss settlement, limited to what would have been paid on the totaled car.
When do I have to call the police after a Georgia crash?
Right away, by the quickest means, if anyone is hurt or killed or property damage appears to be $500 or more, under Section 40-6-273.
How long do I have to sue after a car accident in Georgia?
Generally two years for injuries (Section 9-3-33) and four years for damage to your car or other personal property (Section 9-3-31).
Sources on record
- Georgia Rules, Subject 120-2-52 — Fair and equitable settlement of first-party property damage claims
- Ga. Comp. R. & Regs. 120-2-52-.03 — Standards for prompt and fair settlements (text)
- Ga. Comp. R. & Regs. 120-2-52-.06 — Total loss vehicle claims (text)
- O.C.G.A. §40-3-36 — Salvage titles after a total loss claim
- O.C.G.A. §40-6-273 — Immediate notice of crashes
- O.C.G.A. §9-3-33 — Limitation for injuries to the person
- O.C.G.A. §9-3-31 — Limitation for injuries to personal property
- O.C.G.A. §51-12-33 — Comparative fault
- Georgia Office of Commissioner of Insurance and Safety Fire — Consumer Services
Facts on this page were checked against these sources on November 11, 2026. Rule 120-2-52 covers claims under your own policy; your policy can add conditions of its own.
Ask a licensed agent to review your coverage
After a claim, the policy you had is the one you can still change. Describe your situation and Valoroath passes it to licensed insurance agents and insurers who can review your coverage and quote, if you want them to. Valoroath itself does not sell insurance or handle claims.
- 1 Five questions about your car, your record and your policy.
- 2 Who to ask for, and your consent to be contacted.
- 3 A licensed insurance agent or insurer reviews what you have. You change nothing unless you choose to.
Sending this request shares your answers and contact details with the licensed insurance agents and insurers who receive it, which some state privacy laws treat as a sale; see your privacy choices. An agent reviews your coverage; they can't take on your claim or a dispute with your insurer. You pay Valoroath nothing. The licensed insurance agents and insurers who contact you pay Valoroath for requests and set their own prices and terms; your claim stays with your insurer. How we make money.
Next in the file
-
How claims work
Total loss claims
When a car is totaled, what actual cash value should include, and what happens to the loan and the title.
-
Claim dispute
When your claim drags on
The time limits insurers work under, why files stall, and the written steps that move a claim.
-
After a crash
When to call the police
The cases for 911, state damage thresholds from $50 to $4,000, and why a report helps after a small crash.