---
title: O.C.G.A. § 40-9-34. Exceptions to requirement of security.
collection: code
id: 40-9-34
cite_as: O.C.G.A. § 40-9-34 (2025)
canonical_url: https://georgiacommons.org/code/40-9-34
md_url: https://georgiacommons.org/code/40-9-34.md
text_url: https://georgiacommons.org/code/40-9-34/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-2018-pdf.pdf?sfvrsn=97c394d6_0#page=559
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-9.md
previous: https://georgiacommons.org/code/40-9-33.md
next: https://georgiacommons.org/code/40-9-35.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY / REPORTING ACCIDENTS; GIVING SECURITY FOR DAMAGES
---

# O.C.G.A. § 40-9-34. Exceptions to requirement of security.

The requirements as to security and suspension provided in Code Sections 40-9-32 and 40-9-33 shall not apply:

(1) To the operator or owner of the vehicle involved in the accident if the owner had in effect at the time of the accident an automobile liability policy with respect to the vehicle involved in the accident, except that a driver shall not be so exempt if at the time of the accident the vehicle was being operated without the owner’s permission, express or implied;

(2) To the operator, if he is not the owner of the vehicle involved in the accident but there was in effect at the time of the accident an automobile liability policy with respect to his driving of vehicles not owned by him which provided him with liability coverage in the operation of the motor vehicle involved in such accident;

(3) To an operator or owner whose liability for damages resulting from the accident is, in the judgment of the department, covered by any other form of liability insurance policy;

(4) To any person qualifying as a self-insurer under Code Section 33-34-5.1 or to any person operating a vehicle for such self-insurer;

(5) To the operator or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such driver or owner;

(6) To the operator or the owner of a motor vehicle legally parked at the time of the accident;

(7) To the owner of a vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such vehicle without such permission;

(8) To a resident of this state involved in an accident with a nonresident of this state when the damage is less than $300.00, except upon the written request of any party in interest;

(9) If, prior to the date that the department would otherwise suspend a license and registration or a nonresident’s operating privilege under Code Section 40-9-33, there shall be filed with the department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or finally adjudicated not to be liable.

## History

Ga. L. 1951, p. 565, §§ 5, 6; Ga. L. 1956, p. 543, §§ 9, 11; Code 1933, § 68C-304, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 2000, p. 1246, § 17.

## Cross References

Requirements regarding automobile liability policies generally, § 33-34-3.