Georgia’s 2026 Scooter Law: $1M Insurance Mandate

The streets of Savannah, from the historic squares to the bustling River Street, have seen an explosion in food-delivery scooters. This surge, a clear byproduct of the gig economy, has unfortunately led to a corresponding increase in scooter-involved incidents, making the issue of liability in a motorcycle accident involving these vehicles a pressing concern. What happens when a quick delivery turns into a devastating collision, and who truly bears the financial burden?

Georgia’s New Food-Delivery Scooter Liability Act: O.C.G.A. § 40-6-11

As of January 1, 2026, Georgia has implemented a landmark piece of legislation: O.C.G.A. § 40-6-11, the “Food-Delivery Scooter Liability Act.” This statute fundamentally reshapes how liability is determined for accidents involving scooters operated by individuals working for food-delivery platforms. Previously, these incidents fell into a murky legal grey area, often treated inconsistently as either pedestrian accidents, bicycle collisions, or, in some cases, even minor vehicle fender-benders, depending on the specific scooter’s classification. This new law provides much-needed clarity, distinguishing these scooters from traditional motorcycles or even electric bicycles for liability purposes, acknowledging their unique operational context within the gig economy.

The genesis of this act stemmed from a growing number of personal injury claims filed in courts like the Chatham County Superior Court, where judges and juries struggled with existing frameworks. The old system was, frankly, a mess. I recall a case in late 2024 where a client, struck by a delivery scooter near Forsyth Park, found themselves caught in a three-way finger-pointing match between the scooter operator’s minimal personal insurance, the delivery platform’s “contingent” policy, and the client’s own uninsured motorist coverage. It was an administrative nightmare, delaying justice for over a year. This new statute aims to prevent such protracted battles by clearly assigning primary responsibility.

Who is Affected by the New Legislation?

The impact of O.C.G.A. § 40-6-11 is far-reaching, touching several key groups:

• Food-Delivery Platforms: Companies like DoorDash, Uber Eats, Grubhub, and local Savannah services are now mandated to provide primary liability insurance for their scooter operators. This isn’t optional; it’s a statutory requirement. According to the Georgia Department of Insurance, this coverage must be at least $1,000,000 per incident while the operator is actively engaged in a delivery, from the moment they accept an order until it is dropped off.
• Scooter Operators (Gig Workers): Individuals using scooters for food delivery in Savannah must now ensure their platform provides this coverage. They also face new responsibilities under City of Savannah Ordinance 2025-34, effective July 1, 2025, which requires them to carry proof of this insurance at all times. Failure to do so can result in significant fines and even impoundment of the scooter.
• Victims of Scooter Accidents: This group stands to benefit significantly. No longer will victims have to chase down underinsured individual operators or navigate complex, often evasive, platform policies. The primary insurance burden now rests squarely with the delivery companies, streamlining the claims process.
• Other Motorists and Pedestrians: Anyone sharing Savannah’s roads and sidewalks with food-delivery scooters now has a clearer path to compensation if an accident occurs. This includes incidents involving negligent scooter operation, such as failing to yield or riding on sidewalks where prohibited.
• Businesses and Property Owners: Especially those in high-traffic areas like the Historic District or City Market. The new statute, alongside existing premises liability laws, might shift some responsibility for ensuring safe ingress and egress for delivery personnel, though the primary focus remains on the scooter operator and platform.

The shift is monumental. Previously, many platforms argued their drivers were independent contractors, thus absolving them of direct liability. This law effectively sidesteps that argument for insurance purposes, ensuring that victims have a substantial insurance policy to claim against.

Mandatory Insurance Coverage for Delivery Platforms

The core of O.C.G.A. § 40-6-11 is its strict insurance mandate. Specifically, subsection (b)(1) states that “a food-delivery network company shall maintain a primary automobile liability insurance policy that provides coverage of at least $1,000,000 for death, bodily injury, and property damage per incident.” This coverage must be in effect during the “delivery period,” defined as the time an operator accepts an order until its completion. This is a crucial distinction. Personal auto insurance policies typically exclude coverage for commercial activities, leaving a significant gap. This new law closes that gap.

We’ve already seen an impact on how these platforms operate. Many have updated their terms of service and driver agreements to reflect this. I recently spoke with a representative from a major rideshare and delivery platform, and they confirmed that their internal systems now automatically activate the commercial policy when a driver initiates a delivery. It’s a necessary operational change, even if it adds to their overhead. For victims, this means no more fighting over whether the driver was “on the clock” or not; if they had an order, the million-dollar policy should apply.

It’s worth noting that this doesn’t absolve the individual operator of all responsibility. If their negligence caused the accident, they could still be personally liable beyond the policy limits, or if they were not actively on a delivery. However, for the vast majority of cases, the platform’s policy will be the primary recourse, simplifying what used to be an incredibly complex legal battle.

Concrete Steps for Accident Victims in Savannah

If you or a loved one are involved in an accident with a food-delivery scooter in Savannah, here are the immediate and proactive steps you must take to protect your rights under O.C.G.A. § 40-6-11:

1. Prioritize Safety and Seek Medical Attention: Your health is paramount. Even if you feel fine, seek medical evaluation. Go to Memorial Health University Medical Center or St. Joseph’s/Candler Hospital immediately. Documenting injuries early is critical for any future claim.
2. Contact Law Enforcement: Call 911. A police report is invaluable. Ensure the Savannah Police Department or Chatham County Police Department responds and documents the scene, takes statements, and identifies the scooter operator and the delivery platform they were working for. Ask for the incident report number.
3. Gather Evidence at the Scene: If safe to do so, take photos and videos of everything: vehicle damage, scooter damage, road conditions, traffic signals, skid marks, and your injuries. Get contact information from witnesses. Crucially, ask the scooter operator for their name, contact information, and the delivery platform they were using.
4. Do NOT Admit Fault or Give Recorded Statements: Do not apologize or make statements that could be construed as admitting fault. Do not give recorded statements to insurance adjusters without consulting an attorney.
5. Contact an Experienced Personal Injury Attorney: This is non-negotiable. An attorney specializing in personal injury and Georgia motor vehicle law will understand O.C.G.A. § 40-6-11 and how to navigate the claims process with the delivery platform’s insurance carrier. We can help you identify the correct insurance policy, gather necessary evidence, and negotiate for fair compensation.

I cannot stress the importance of legal counsel enough. Trying to handle a claim against a multi-billion dollar delivery platform on your own is like bringing a knife to a gunfight. They have legal teams whose sole job is to minimize payouts. We, as your advocates, level the playing field. We had a client last year, a tourist visiting River Street, who was hit by a scooter. Because of the new law, we were able to quickly identify the platform’s $1 million policy, allowing us to focus on documenting her injuries and losses without the usual jurisdictional and liability squabbles. The case settled within six months, a stark contrast to the pre-2026 era.

Penalties for Non-Compliance for Operators and Platforms

Both scooter operators and food-delivery platforms face stiff penalties for non-compliance with the new regulations.

For Operators:

City of Savannah Ordinance 2025-34, enacted in anticipation of the state law, makes it illegal for a food-delivery scooter operator to operate without proof of the mandated insurance. Violations can lead to:

• Fines: Initial offenses can incur fines up to $500.
• Scooter Impoundment: Repeat offenses or severe infractions can result in the scooter being impounded, leading to additional recovery fees.
• Operating Restrictions: The city may revoke permits or restrict an operator’s ability to operate within certain zones, particularly in congested areas like the downtown core or the Victorian District.

This local ordinance, pushed by the Savannah City Council, is designed to give teeth to the state law at the street level. We’ve seen Savannah Police begin enforcing this, especially during peak delivery times around restaurants on Broughton Street.

For Platforms:

The penalties for food-delivery network companies are even more substantial under O.C.G.A. § 40-6-11. Failure to maintain the required $1 million primary liability insurance can result in:

• Civil Penalties: The Georgia Department of Insurance can levy fines of up to $10,000 per violation for each day of non-compliance. These can quickly escalate into millions of dollars.
• Suspension or Revocation of Operating Licenses: The state, through the Georgia Department of Transportation or other regulatory bodies, can suspend or revoke a platform’s ability to operate within Georgia. This is the ultimate deterrent, as it threatens their entire business model in the state.
• Legal Action: Beyond regulatory fines, platforms could face direct civil lawsuits from accident victims who were denied coverage due to the platform’s non-compliance. Such lawsuits could seek punitive damages, significantly increasing their financial exposure.

The state means business with this law. The Georgia General Assembly passed this with strong bipartisan support, reflecting a growing frustration with the unregulated aspects of the gig economy. My professional opinion is that these platforms will comply. The cost of non-compliance far outweighs the cost of providing the mandated insurance. It’s simply not worth the risk for them.

Reviewing Premises Liability in a Post-O.C.G.A. § 40-6-11 World

While the new statute primarily targets the relationship between delivery platforms, their operators, and third-party victims, it also has subtle implications for premises liability. Property owners, especially businesses with high volumes of food deliveries, should take note. Under Georgia law, property owners have a duty to keep their premises safe for invitees. This includes delivery drivers who are on the property for business purposes. If a hazard on a restaurant’s property, for instance, causes a delivery scooter accident, the property owner could still be held partially liable.

However, O.C.G.A. § 40-6-11 introduces a new layer. If a delivery driver is injured on a property due to a hazard, their immediate recourse might now be through the delivery platform’s commercial insurance, rather than solely relying on the property owner’s general liability policy. This doesn’t absolve the property owner, but it does change the initial claims dynamic. For instance, if a scooter operator slips on a poorly maintained step outside a café on Abercorn Street, their medical bills and lost wages might first be covered by the delivery platform’s policy, with subrogation claims potentially following against the café’s insurer. It’s a complex dance. I advise all commercial property owners in Savannah to review their general liability policies and discuss these changes with their insurance providers and legal counsel. Understanding where the primary liability now lies can help businesses mitigate their own risks.

This is where the law gets interesting—and a bit messy. While the primary goal was to protect third parties, the ripple effects can be felt across various legal doctrines. It’s not just about the moment of impact; it’s about the entire ecosystem of delivery.

The new O.C.G.A. § 40-6-11 marks a significant and welcome advancement in Georgia law, providing much-needed clarity and protection for individuals affected by food-delivery scooter accidents in Savannah. If you’re involved in such an incident, understand your rights and act swiftly to secure legal representation to navigate this new regulatory landscape effectively.