Compensation for harm

Claim against the at-fault driver’s liability insurer: what to do under Georgian law

How to claim compensation for a road accident directly from the at-fault driver’s liability insurer: deadlines (including the 60-day rule for foreign-registered vehicles), disputing the valuation, the insurance limit and the claims procedure.

What to do

  1. This is a claim against ANOTHER PARTY’S liability insurer: the liability insurer covers the policyholder’s obligation to a third party (Civil Code Art. 839); the liability insurer must compensate the damage directly to the injured party at its demand (Civil Code Art. 840) — the idea that you must “sue the driver first” does not match the law.
  2. Foreign-registered vehicles (compulsory insurance): a written claim to the Centre or the insurer — no later than 60 calendar days from the date of the accident, otherwise the claim is refused (Law on Compulsory Insurance of Foreign Vehicles Art. 8); payment — within 15 days after agreement on the amount, refusal — within 10 working days (Law on Compulsory Insurance of Foreign Vehicles Art. 9). In other cases the deadlines are set in the policy; limitation — 3 years from when you learned of the damage or the liable person (Civil Code Art. 1008).
  3. Refusal: the law releases the insurer only if the policyholder caused the harm intentionally (Civil Code Art. 842); check any other grounds against the policy and demand a written, reasoned refusal.
  4. Amount: payment is made once the event and the amount of damage have been established (Civil Code Art. 814); compensation must restore the prior position (actual repair cost) (Civil Code Art. 408); plus lost income (Civil Code Art. 411); payment is made only within the sum insured (limit) (Civil Code Art. 821). If the estimate is understated, obtain an independent assessment or a service-station estimate.
  5. Procedure: claim (the insurer must have a written claims procedure (Supervisory Service Instruction Art. 6)); an injured party under liability insurance is a “consumer” of insurance services (Law on Insurance Art. 2), so if its rights are violated, file a complaint with the Insurance State Supervision Service (Law on Insurance Art. 20¹). Money is recovered through the court — from the insurer; any excess above the limit — from the owner: the vehicle owner is itself liable for harm from its operation (Civil Code Art. 999); above the limit — from the responsible person (Law on Compulsory Insurance of Foreign Vehicles Art. 9).
  6. Court: you may commission your own expert assessment without a court, but the report is submitted with the claim or at the case-preparation stage (Civil Procedure Code Art. 162).
  7. Where to apply: at-fault driver’s insurer → Insurance State Supervision Service → district (city) court.
  8. Evidence: at-fault party’s policy and insurer details, police resolution and sketch, photos, insurer’s estimate, service-station estimate, independent expert assessment, claim and response.
  9. Pitfalls: signing an agreement on the amount or a “no claims” statement for an understated sum; repairing before the insurer has inspected; believing that compulsory liability insurance applies to Georgian-registered vehicles (this regime applies only to foreign-registered vehicles); complaining to the consumer protection authority instead of the Insurance State Supervision Service.

Be sure to check

  • a direct claim against the at-fault party’s liability insurer (no need to sue the driver first)
  • contesting the valuation — full compensation, independent assessment, written claim
  • the sum-insured limit and recovery of any excess from the owner or the at-fault party
  • procedure: claim → Insurance State Supervision Service → court; limitation period
  • for foreign-registered vehicles — a strict 60-day deadline for the written claim

Provisions in force (texts in Georgian)

საქართველოს სამოქალაქო კოდექსი

საქართველოს სამოქალაქო საპროცესო კოდექსი

დაზღვევის შესახებ

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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