A crash with a government-owned vehicle is very different from an ordinary car accident case
If you were injured by a vehicle owned or operated by the University of Georgia, your case is governed by a special law called the Georgia State Tort Claims Act, O.C.G.A. § 50-21-20. That law imposes strict notice requirements, tight deadlines, limits on compensation, and unique rules about where and how lawsuits must be filed.
Missing one step can permanently bar your claim—even if the university driver was clearly at fault.
Below, our Athens car accident lawyers explain how UGA vehicle accident cases work in Georgia, including:
- What an ante litem notice is and why it matters
- What must be included in that notice
- Who the proper defendant is
- How lawsuits against the State are filed and served
- The damages caps that apply
- Where these cases must be brought
When Does the Georgia State Tort Claims Act Apply?
The Georgia State Tort Claims Act applies when a state employee causes a car crash while working. This includes employees driving state-owned vehicles and employees driving personal vehicles while on the job.
UGA is part of the University System of Georgia, which means accidents involving:
- Campus police vehicles
- Maintenance and work trucks
- Campus transit buses
- University fleet cars
fall under this statute.
Instead of suing a private driver and their insurance company, injured people must follow special procedures to make a claim directly against the State of Georgia.
Who Is the Proper Defendant in a UGA Vehicle Accident Case?
One of the most common—and costly—mistakes in these cases is naming the wrong defendant.
In car accident cases involving UGA vehicles, the correct defendant is not the university itself or the individual driver. The lawsuit must be filed against the University System of Georgia Board of Regents, which is the state entity responsible for UGA.
Naming the wrong party will result in the dismissal of your case.
The Critical First Step: Sending an Ante Litem Notice
Before you file a lawsuit, Georgia law O.C.G.A. § 50-21-26 requires that you send what is called an ante litem notice. You must send the ante litem notice within one year of the car accident.
Georgia law O.C.G.A. § 50-21-26(a)(5) requires that the notice include:
- The name of the state agency or department whose employee caused the accident
- The date and time of the accident
- What happened
- Your injuries, medical bills and lost income
- The amount of money you are demanding
You must provide all of the information required by law or your case will be dismissed, no matter how serious your injuries are or how strong your case is.
Who Do You Send The Ante Litem Notice To?
Georgia law O.C.G.A. § 50-21-26(a)(2) requires that you send the ante litem notice to the Risk Management Division of the Georgia Department of Administrative Services and the state agency or department responsible for the accident. In cases involving UGA vehicles, you would send the ante litem notice to the University System of Georgia Board of Regents.
You must send the notice to the Department of Administrative Services by certified mail or “statutory overnight delivery,” which means FedEx or UPS. You can also hand-deliver it.
You must send the notice to the Board of Regents by first class mail or hand-delivery.
You must comply with the delivery requirements or your case will be dismissed. Informal letters, emails, or insurance claims are not enough.
Filing a Lawsuit Against the State After a UGA Crash
Georgia law gives the state 90 days to respond to your ante litem notice. You have to wait until then before filing a lawsuit.
Cases against the State differ from normal personal injury lawsuits in several important ways:
- You name the Board of Regents, not UGA or the driver
- You must attach a copy of the ante litem notice to the lawsuit
- You must serve the Chancellor of the Board of Regents and the director of the Risk Management Division of the Department of Administrative Services
Where the Case Must Be Filed
Claims under the Georgia State Tort Claims Act must be filed in the county where the accident happened.
If the collision happened in Athens-Clarke County, for example, you must file the lawsuit there. If the accident happened in another county, you would file in that county.
Damage Caps in Georgia State Tort Claims Act Cases
Another major difference in UGA vehicle cases is that Georgia law limits how much compensation you can recover.
Under Georgia law O.C.G.A. § 50-21-29:
- $1,000,000 is the maximum per injured person
- $3,000,000 is the maximum per accident
These caps apply regardless of how catastrophic the injuries are or how many people are injured.
The judge does not tell the jury about the caps and the jury can award any amount they see fit. However, if the jury returns a higher verdict, the law requires the judge to reduce the verdict to comply with the cap.
Because of the damages cap, the State does not feel much pressure to settle cases. It knows that the most it will have to pay is $1,000,000 per person, no matter the verdict. As a result, it is often necessary to file a lawsuit and prepare a case for trial to secure a fair settlement offer.
How These Cases Differ From Ordinary Car Accidents
In a standard auto-collision case, you usually deal with:
- Insurance adjusters
- Policy limits
- Ordinary negligence rules
- Normal civil procedure deadlines
In contrast, UGA vehicle cases involve:
- Sovereign immunity issues
- Mandatory ante litem notice requirements
- Special rules for filing and serving the lawsuit
- Statutory damage caps
Because of these hurdles, waiting too long or trying to handle the claim alone can put your entire case at risk.
Injured in a Crash With a UGA Vehicle in Athens or North Georgia?
If you were hurt in a collision involving a University of Georgia or other state vehicle, it is important to speak with a lawyer who understands cases under the Georgia State Tort Claims Act. Because ante litem notices must be sent within strict time limits, waiting too long can permanently bar your claim.
Ruppersburg Injury & Accident Attorneys handle serious auto accident cases in Athens and throughout Georgia, including claims involving governmental entities.
Contact us for a free consultation to discuss your case.
Frequently Asked Questions
FAQ 1: Can I Sue the University of Georgia After a Car Accident?
Not directly.
When a crash involves a UGA vehicle and the driver was acting within the scope of their job, the case falls under Georgia’s State Tort Claims Act. Instead of suing the university itself or the individual driver, the lawsuit must be filed against the University System of Georgia Board of Regents.
Naming the wrong defendant can jeopardize the case, which is why identifying the proper party at the outset is critical.
FAQ 2: What Is an Ante Litem Notice and Why Is It Required?
An ante litem notice is a formal written claim that must be sent to the State of Georgia before yo are allowed to file a lawsuit.
In UGA vehicle cases, this notice must:
- Describe what happened
- State when and where the crash occurred
- Identify the responsible state agency
- Explain your injuries and financial losses
- Demand a specific dollar amount
The notice must also be delivered to specific state offices using legally approved methods and within strict deadlines.
If the ante litem notice is missing required information or sent incorrectly, the court can dismiss the case—even if the university driver was clearly at fault.
FAQ 3: Is There a Limit on How Much I Can Recover in a UGA Vehicle Accident Case?
Yes.
Georgia law caps damages in State-vehicle cases at:
- $1,000,000 per injured person
- $3,000,000 per accident
These limits apply no matter how bad the injuries may be or how many people were injured. A jury may award more, but the judge is required to reduce the verdict to comply with the statutory cap.