This guide describes, in general informational terms, how Georgia law treats the question of seat belt non-use after a crash, what an informal cash payment between drivers can do legally, and how the statute of limitations operates in personal injury cases. It does not address any specific situation.
The seat belt statute in Georgia
Georgia’s seat belt requirement is found at O.C.G.A. § 40-8-76.1. The statute requires that each occupant of the front seat of a passenger vehicle, and any minor eight years of age or older in any seat, be restrained by a seat safety belt. The definition of “passenger vehicle” reaches pickup trucks, vans, and sport utility vehicles designed to carry 15 passengers or fewer. The criminal fine for an adult who fails to comply is not more than $15.
A separate subsection of the statute was historically known as the “seat belt gag rule.” It prohibited the failure to wear a seat belt from being used as evidence of negligence, causation, or any other question of liability in a civil case.
What Senate Bill 68 did in 2025
Senate Bill 68 was signed by Governor Brian Kemp on April 21, 2025. SB 68 amended O.C.G.A. § 40-8-76.1 to remove the gag rule for civil actions commenced on or after that date. In a qualifying civil action, the trier of fact may now consider evidence of seat belt non-use on questions of negligence, comparative negligence, apportionment of fault, assumption of risk, injury causation, and other liability and damages issues.
The change is prospective: it applies to actions commenced on or after April 21, 2025, not to actions that were already pending before that date. The trial court continues to exercise discretion under the rules of evidence to exclude evidence whose probative value is substantially outweighed by the danger of unfair prejudice.
How a cash payment at the scene is treated
The exchange of cash at or near the scene of a collision is a common way for drivers to try to resolve minor matters informally. As a legal matter, such payments can have several different characters depending on the words and conduct that accompany them.
A payment may be evidence of a settlement, evidence of an admission, evidence of an attempt at amicable resolution, or evidence of nothing more than a goodwill gesture. The Georgia evidence code addresses some of these categories. O.C.G.A. § 24-4-408 provides that evidence of furnishing, or offering or promising to furnish, a valuable consideration in compromising or attempting to compromise a claim is not admissible to prove liability for, invalidity of, or amount of the claim. Statements made in the course of compromise negotiations are similarly inadmissible for those purposes, subject to enumerated exceptions.
That rule has practical consequences. A cash exchange that is plainly part of an attempt to compromise a disputed claim is not admissible in a later civil action to prove that the payer was at fault. By contrast, a payment accompanied by an unconditional acknowledgement of responsibility, made outside any compromise discussion, may have a different evidentiary status.
A signed release is yet another matter. A general release of all claims, supported by consideration, may extinguish the right to bring a later civil action. Georgia courts construe releases under ordinary principles of contract law, including the requirements of mutual assent and consideration. The presence or absence of a written release, and the precise scope of any release, often becomes a central issue in later disputes.
Comparative fault when seat belt evidence is admissible
Modified comparative negligence in Georgia is governed by O.C.G.A. § 51-12-33. A plaintiff whose share of fault is less than 50 percent recovers damages reduced in proportion to that share. A plaintiff who is 50 percent or more at fault is barred from recovery. The trier of fact apportions fault among parties and non-parties under the same statute.
O.C.G.A. § 51-11-7 provides that a plaintiff who by ordinary care could have avoided the consequences of the defendant’s negligence is not entitled to recover for the avoidable portion of the harm.
In a civil action commenced on or after April 21, 2025, a defendant may argue that seat belt non-use is one element bearing on apportionment of fault or on the cause of particular injuries. The weight a jury assigns to that evidence is a question of fact.
The statute of limitations under O.C.G.A. § 9-3-33
Georgia’s two-year personal injury statute of limitations is found at O.C.G.A. § 9-3-33. The period runs from accrual of the cause of action, ordinarily the date of the collision. Loss of consortium has a four-year period under the same statute. Property damage to personalty is subject to a four-year period under O.C.G.A. § 9-3-32.
Tolling provisions can pause the running of the period in defined circumstances. O.C.G.A. § 9-3-90 tolls the period during the time an injured person is a minor or legally incompetent. O.C.G.A. § 9-3-94 tolls the period during a defendant’s absence from the state. O.C.G.A. § 9-3-99 addresses tolling during the pendency of a related criminal prosecution, subject to a six-year outer cap.
Acceptance of cash at a scene does not itself stop the limitations clock. The clock continues to run unless a recognized tolling rule applies or unless a written agreement to extend the period is executed. Under O.C.G.A. § 9-3-110, certain promises to waive a statute of limitations defense are enforceable when in writing.
How the parts of the question relate
Three independent issues are at work in the original question.
First, a cash payment at the scene is governed by the rules of evidence and contract law. O.C.G.A. § 24-4-408 generally excludes payments made in compromise from being used to prove liability. The legal effect of any payment depends on the words and conduct that surrounded it and on whether any written release was signed.
Second, the seat belt question is governed by O.C.G.A. § 40-8-76.1 as amended by SB 68 in 2025. Whether non-use can be considered in a civil action depends on whether the action was commenced on or after April 21, 2025.
Third, the statute of limitations is governed by O.C.G.A. § 9-3-33 and related tolling statutes. The two-year period runs from accrual, independently of whether any informal payment was made.
Sources
The principal statutes referred to in this guide are O.C.G.A. § 40-8-76.1 (seat belt use and the 2025 SB 68 amendment), O.C.G.A. § 24-4-408 (compromise and offers to compromise), O.C.G.A. § 51-12-33 (apportionment and modified comparative negligence), O.C.G.A. § 51-11-7 (avoidance of consequences), O.C.G.A. § 9-3-33 (two-year personal injury limitations), O.C.G.A. § 9-3-32 (four-year limitations for damage to personalty), O.C.G.A. § 9-3-90 (tolling for minors and incompetents), O.C.G.A. § 9-3-94 (tolling for a defendant’s absence), and O.C.G.A. § 9-3-110 (written waivers of limitations). These provisions describe Georgia law as of 2026.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.