If a city, county or state vehicle hit you in Georgia, the ante litem notice deadline can run out in as little as six months. Under O.C.G.A. § 36-33-5, as quoted in Kiser, a city claim must be presented within six months. Under O.C.G.A. § 36-11-1, as quoted in Collington, a county claim must be presented within 12 months. For the State, the Court of Appeals in Cleapor refers to a 12-month statutory period. If you were hurt in a crash, the Atlanta car accident lawyers at The Perazzo Law Firm offer a free consultation at (404) 669-6997. No result is guaranteed.
The three clocks at a glance
| Defendant | Deadline | Who gets the notice |
|---|---|---|
| City | 6 months from the event, per Kiser | The mayor or the council or commission chairperson |
| County | 12 months after the claim accrues or becomes payable, per Collington | The county governing authority |
| State agency | 12 months, as described in Cleapor | The Risk Management Division of the Department of Administrative Services, plus a copy to the agency |
City vehicle: six months
In Kiser v. Mayor and Alderman of the City of Savannah (Ga. Ct. App. May 26, 2026), the court applied O.C.G.A. § 36-33-5(b), which requires the claim to be presented in writing to the city’s governing authority within six months of the event. The notice must state the time, place and extent of the injury, as nearly as practicable, and the negligence that caused it.
Under subsection (f), as quoted in Fleureme v. City of Atlanta (Ga. June 24, 2025), the claim goes to the mayor or the chairperson of the city council or commission. The Supreme Court held that overnight delivery addressed to the “Office of the Mayor” at the correct address satisfied the service requirement. It also said it “doubt[s] seriously” that strict compliance is required, citing precedent that substantial compliance “is all that is required.”
In Kiser, a notice saying only that the city’s agents and employees “were negligent causing the fall” was held deficient for failing to state the negligence that caused the injury.
County vehicle or sheriff’s cruiser: 12 months
O.C.G.A. § 36-11-1 provides that claims against counties must be presented within 12 months, as quoted in Collington v. Clayton County (Ga. Jan. 17, 2024). The statute does not specify content or recipient; the Supreme Court held that presenting the claim to the county governing authority satisfies it.
In Collington, a deputy drove a county-owned car labeled “Police” in the crash report, and the Court treated the claim as one against the county. A car that looks like a police cruiser may be county-owned and driven by a sheriff’s deputy, and then the county’s 12-month rule applies. If a pursuit was involved, see our page on an Atlanta police chase accident.
State vehicle: 12 months and strict rules
In Georgia Department of Public Safety v. Cleapor (Ga. Ct. App. Oct. 22, 2024), the court applied O.C.G.A. § 50-21-26 and referred to “the 12-month statutory period” for State notices. Notice must be written and either mailed (certified mail or statutory overnight delivery, return receipt requested) or personally delivered with a receipt to the Department of Administrative Services’ Risk Management Division, with a copy delivered personally to or mailed by first-class mail to the state entity. It must state, to the extent of the claimant’s knowledge and belief and as may be practicable under the circumstances, the entity, time, place, loss, amount claimed and the acts or omissions that caused it. The Cleapor court reiterated that a claimant must strictly comply, and held a notice naming the wrong agency ineffective even though the claimant knew the right one.
When ownership is unclear
Which clock applies depends on who owns the vehicle. For MARTA and school-district vehicles, which this page does not cover, see our Atlanta bus accident and MARTA pillar crash pages.
Is a minor’s deadline extended?
For counties, O.C.G.A. § 36-11-1, as quoted in Collington, allows minors and others under a disability 12 months after the disability is removed. Whether the same applies to city or State claims is a question for an attorney.
This article is general information, not legal advice, and does not create an attorney-client relationship. Atlanta Car Accident Attorney advertising. The Perazzo Law Firm, 1372 Peachtree Street NE, Atlanta, GA 30309.
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