Road accident and compensation for damage: what to do under Georgian law

What to do

1. At the scene: a road accident participant must immediately report to the Ministry of Internal Affairs and, unless there is an urgent need to go to hospital, remain at the scene until an authorised person arrives (Road Traffic Law Art. 27); do not alter the scene or traces, and record the names of witnesses (Road Traffic Law Art. 27); if no one was injured, the drivers may, by agreement, draw up and sign the sketch themselves and file it at the nearest patrol police unit (Road Traffic Law Art. 27). If the at-fault party leaves the scene: leaving the scene of an accident — a fine of 250 GEL and deprivation of the right to drive for 6 months (Code of Administrative Offences Art. 123).
2. Who is liable: the owner of a vehicle is liable for death, injury, bodily harm and damage to property arising from its operation (no fault is required; only force majeure releases) (Civil Code Art. 999); a person who drove without the owner’s permission is liable in the owner’s place (the owner too, if the vehicle became accessible through the owner’s fault) (Civil Code Art. 999); the victim’s fault reduces compensation in proportion to the degree of fault of the parties (Civil Code Art. 415).
3. What to recover: repair or value of the car per expert assessment; for bodily harm — treatment costs (may be claimed in advance) and monthly maintenance on loss of working capacity (Civil Code Art. 408); lost income is also recoverable (Civil Code Art. 411); for bodily injury — non-pecuniary damage too (Civil Code Art. 413).
4. Insurance: the at-fault party’s liability insurer must pay the victim directly at its demand (Civil Code Art. 840); notify your own insurer (CASCO) as soon as you learn of the insured event (Civil Code Art. 814); a waiver of claims against the at-fault party releases your own insurer from paying in that part (Civil Code Art. 832).
5. Public part: a decision in an administrative offence case is appealed within 10 days of its delivery (Code of Administrative Offences Art. 273) — an unchallenged finding of fault will also be used against you in the civil dispute; a driver’s traffic-rule violation that causes less grave bodily harm and more serious consequences is already a crime (Criminal Code Art. 276).
6. Deadlines: the limitation period for a tort claim is 3 years from when the victim learned of the damage or of the liable person (Civil Code Art. 1008).
7. Where to apply: patrol police (Ministry of Internal Affairs); the at-fault party’s insurer and your own; district (city) court — compensation claim.
8. Evidence: police protocol and sketch, ruling, photos and video, dashcam footage, witness details, medical documents, receipts, damage assessment, income certificate.
9. Pitfalls: failing to appeal a finding of your own fault within the deadline; signing a “no claims” receipt with the at-fault party before payment — CASCO will not pay in that part; leaving the scene without documenting it — then there is no evidence and you are liable.

Be sure to check

• actions at the scene and recording of evidence
• who is liable (vehicle owner, at-fault driver) and what can be recovered
• insurance: direct claim to the at-fault party’s insurer, notice to your own insurer
• deadlines: appealing the administrative ruling and the limitation period for the claim