Crashes with government vehicles run on short fuses in Georgia: written notice within 6 months for a city vehicle (O.C.G.A. § 36-33-5) and 12 months for a county or state vehicle — on top of the normal two-year lawsuit deadline. MARTA is the surprise: the MARTA Act makes it liable like a private company, so the "6-month MARTA notice" many websites cite isn't in the law — but acting fast still decides these cases.
Why government crashes have shorter deadlines
If the vehicle that hit you in Atlanta belongs to a government, your claim has an extra deadline most people have never heard of: the ante litem notice — a formal written notice you must send before you're allowed to sue. For a City of Atlanta vehicle, that notice is due within 6 months of the crash (O.C.G.A. § 36-33-5). For a county vehicle — Fulton or DeKalb — you have 12 months (§ 36-11-1). For a state vehicle, the Georgia Tort Claims Act requires notice within 12 months, sent by certified mail or statutory overnight delivery to the state's Risk Management Division (§ 50-21-26).
The city notice isn't a quick letter, either. Under § 36-33-5(e), it must state the time, place, and extent of your injury, the negligence that caused it — and the specific dollar amount you're seeking, which then operates as an offer of compromise. Get the contents wrong and the notice can fail. And the ordinary two-year lawsuit deadline (§ 9-3-33) still runs on top of all of this.
The MARTA deadline most websites get wrong
Search "MARTA accident claim" and you'll find law-firm websites confidently citing a 6-month notice deadline. Here's what the law actually says: the MARTA Act of 1965 strips MARTA of governmental immunity entirely — it "shall be liable... as any private corporation." No ante litem notice statute for MARTA appears in the Act, and Georgia's city-notice statute by its terms applies only to municipal corporations.
What that means for you: a MARTA bus or train claim is governed by the ordinary two-year deadline, and MARTA can't hide behind sovereign immunity the way a city can. But don't treat that as permission to wait — MARTA buses and stations have cameras whose footage doesn't live forever, and putting MARTA on written notice early preserves your evidence and your leverage. When websites disagree about a deadline, the safe play is the same either way: act as if the shortest one applies.
How much a government claim can pay
Georgia waives local-government immunity for motor-vehicle claims, but with caps: at least $500,000 per person and $700,000 per occurrence for injury or death, and $50,000 for property damage (O.C.G.A. § 36-92-2) — more if the city or county bought bigger insurance. Claims against the state under the Tort Claims Act are capped at $1 million per person and $3 million per occurrence (§ 50-21-29). MARTA, liable like a private company, has no such statutory cap.
Identifying the owner isn't always obvious, either: police cruisers, GDOT trucks, school buses, and contractor vehicles each route to different entities with different rules — school districts, for instance, follow their own insurance-based liability rules rather than the standard waiver. These distinctions — which entity owns the vehicle, which notice applies, which cap governs — are decided in the first weeks, not at trial. At Dream Team Law, our Atlanta team identifies the right entity, sends every required notice by the required method, and builds the injury claim behind it. Free consultation; no fee unless we win.
Frequently asked questions
Do I really have to state a dollar amount in the notice to the city?+
Yes — O.C.G.A. § 36-33-5(e) requires the notice to include the specific amount of monetary damages you're seeking, and that figure legally operates as an offer of compromise. It's one of several traps that make government notices worth having an attorney draft.
Is MARTA immune from lawsuits like the city is?+
No. The MARTA Act of 1965 expressly denies MARTA governmental immunity and makes it liable in tort like a private corporation. Your claim still has to be proven and filed within two years — but sovereign immunity is not the obstacle.
What happens if I miss the 6-month city notice?+
Your claim against the city can be barred entirely — even though the two-year lawsuit deadline hasn't run. Georgia recognizes only narrow exceptions (such as legal disability), so if you're anywhere near the window, get the notice out now and sort out the details after.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Deadlines depend on the specific facts of your case — consult a licensed attorney in your state about your situation. Attorney advertising. Prior results do not guarantee a similar outcome.