Recovering damages from the at-fault driver beyond insurance: what to do under Georgian law

What to do

1. Deadlines: limitation — 3 years from when you learned of the damage or of the liable person (Civil Code Art. 1008); in an urgent case, attachment may be ordered before the lawsuit, but the lawsuit must then be filed within 10 days of the ruling (Civil Procedure Code Art. 192).
2. Defendant: the vehicle owner is liable for harm from its operation (including damage to property) regardless of fault (Civil Code Art. 999); a person who drove without the owner’s permission is liable in the owner’s place (Civil Code Art. 999); the at-fault driver is also liable personally for unlawful, culpable infliction of harm (Civil Code Art. 992); an employee-driver acting in the course of duties — the employer is liable (Civil Code Art. 997); several liable persons (owner and driver) are joint debtors (Civil Code Art. 998) — name the owner per the vehicle register together with the driver.
3. Amount: compensation must restore the prior position (Civil Code Art. 408); if repair is impossible or disproportionately expensive — monetary compensation (market value) (Civil Code Art. 409); plus lost income (vehicle downtime, rental of a replacement) (Civil Code Art. 411); the sum paid by your insurer (CASCO) passes to it, so from the at-fault party you recover only the uncovered part (Civil Code Art. 832) — deduct what you have already received from the insurer.
4. Evidence: the patrol police ruling on fault (not challenged by the at-fault party), sketch, photos and video; commission the damage assessment yourself and submit the report with the lawsuit or at the case-preparation stage (Civil Procedure Code Art. 162).
5. Claim to the at-fault party with a calculation and deadline, then a lawsuit: claims up to 5,000 GEL go to a magistrate judge (Civil Procedure Code Art. 14); state duty — 3% of the claim amount, minimum 100 GEL (Civil Procedure Code Art. 39). Where there is an effective ruling: harm from an administrative offence (patrol police ruling) or a crime — simplified lawsuit (Civil Procedure Code Art. 309¹⁶); the court examines it within 1 month, and the fact of harm established by the effective ruling is deemed proven (Civil Procedure Code Art. 309²⁰).
6. To ensure there is something to collect: securing the claim (attachment of the vehicle, bank accounts) — if enforcement of the judgment would otherwise be difficult (Civil Procedure Code Art. 191).
7. Where to apply: at-fault party or owner (claim); district (city) court or magistrate court; enforcement — National Bureau of Enforcement.
8. Evidence: police ruling or protocol, sketch, photos and video, vehicle owner details, expert assessment or estimate, insurer’s claim file, claim with proof of dispatch.
9. Pitfalls: suing only the driver and forgetting the owner (or the reverse); demanding from the at-fault party an amount the insurer has already paid; filing a lawsuit without an expert assessment and without securing the claim — the property is re-registered in the meantime.

Be sure to check

• the proper defendant — vehicle owner, at-fault driver, employer; joint liability
• the full damage less the insurance payment is recoverable: repair or value, and lost income
• lawsuit: state duty, jurisdiction, simplified procedure where there is an administrative ruling
• securing the claim by attaching property; 3-year limitation period