Hit-and-Run Car Accidents in Georgia: Steps to Protect Your Claim
Hit-and-run car accidents in Georgia are far more common than most people realize. When a negligent driver flees the scene, it creates a stressful, often devastating situation for the victim—physically, emotionally, and financially.
According to the National Highway Traffic Safety Administration (NHTSA), hit-and-run fatalities in Georgia rose from 37 in 2012 to 79 in 2021, a 113% increase. These types of accidents now account for 4.6% of all fatal crashes statewide.
If you or a loved one was injured in a hit-and-run, the steps you take can have a lasting impact on your ability to recover compensation. The good news? You don’t have to face this process alone. Graham Scofield Injury Lawyers are the experienced car accident lawyers Atlanta trusts. We are here to protect your rights and fight for your financial recovery.
Keep reading to learn what to do after a hit-and-run car crash and how we can help you pursue every available path to justice.
What Is the Hit-and-Run Code in Georgia?
Under Georgia Code §40-6-270, drivers involved in an accident that causes injury, death, or property damage are legally required to stop immediately at the scene. They must:
- Provide their name, address, and vehicle registration
- Show a driver’s license upon request
- Offer reasonable aid to anyone injured, such as calling 9-1-1
Failing to comply with these duties can result in serious criminal charges, including felonies—especially if the crash caused serious harm or death. Despite these laws, police identify about 10% of hit-and-run offenders.
Legal Obligations for Drivers in Georgia
Requirement to Remain at the Scene
Every driver involved in a crash in Georgia must stay at the scene and cooperate with law enforcement. Leaving the scene without exchanging information or helping injured parties can lead to criminal charges, even if the driver was not at fault.
Duty to Provide Aid and Share Information
Drivers must also:
- Render “reasonable assistance” to injured persons (such as calling 9-1-1)
- Provide their insurance information, name, address, and driver’s license
- Avoid obstructing traffic unless necessary for safety
Violating these duties can significantly affect both your civil and criminal liability.
Steps to Take After a Hit-and-Run
Being struck by a fleeing driver is overwhelming. Here are the most important steps to take if you are the victim of a hit-and-run accident in Georgia:
1. Try to Stay Calm
It is easier said than done, but staying composed helps you stay safe and make smart choices. Take a few deep breaths.
2. Do Not Leave the Scene
Even though the other driver fled, you must remain at the crash site. Leaving may lower the value of your claim and confuse law enforcement.
3. Document the Scene and Gather Evidence
If possible, take photos or videos of:
- Vehicle damage
- Skid marks or debris
- License plate fragments
- Nearby traffic signs or cameras
Write down anything you remember about the fleeing car: color, make, model, direction of travel, or a partial plate number.
4. Talk to Witnesses
If bystanders saw the accident, ask for their names and contact information. Witness testimony can be critical in identifying the driver or proving liability to insurers.
5. Report the Incident to Law Enforcement
Call 9-1-1 or the local police immediately. A police report is essential for insurance purposes and legal action. Make sure to obtain a copy of the report or the report number.
6. Seek Immediate Medical Attention
Even if you don’t feel injured, you should still see a doctor right away. Some injuries take hours or days to show symptoms, and medical records are crucial to filing a successful claim.
Seeking Compensation
Victims of hit-and-run car accidents in Georgia still have options to recover compensation, even if the at-fault driver cannot be identified.
Filing an Uninsured Motorist (UM) Claim
If the driver cannot be located, you may be able to file a claim under your own uninsured motorist (UM) coverage. This coverage is designed specifically for situations like hit-and-run crashes and can help pay for:
- Medical bills
- Lost income
- Pain and suffering
Notify your insurance provider quickly, as delays can harm your eligibility.
Pursuing a Personal Injury Lawsuit
If the hit-and-run driver is eventually identified, you can file a personal injury lawsuit against them. This legal route allows you to pursue maximum compensation, especially when reckless or criminal behavior is involved.
Understanding the Statute of Limitations
Time Limits for Filing Claims
In Georgia, the statute of limitations for personal injury claims, including hit-and-run accidents, is generally two years from the date of the incident. This means you must file your lawsuit within that period, or lose your right to recover damages.
Exceptions and Special Considerations
Certain factors can pause the statute of limitations, such as:
- The victim was a minor at the time of the crash
- The identity of the at-fault party being unknown for a prolonged period
Consult a car accident attorney in Atlanta, Georgia to ensure you file a claim before the deadline.
The Role of Insurance Carriers
Navigating Complex Insurance Negotiations
Insurance companies often scrutinize hit-and-run claims more heavily, especially when the other driver is unidentified. They may challenge liability, question injuries, or minimize damages.
Having a skilled car crash lawyer on your side ensures your rights are protected during these negotiations.
Dealing With Unidentified Drivers
If the at-fault driver is never found, you must prove your eligibility for uninsured motorist compensation. Detailed evidence, police reports, and timely filings with your insurer are critical in establishing the legitimacy of your claim.
Potential Damages Victims May Claim
In hit-and-run cases, victims may recover a range of damages depending on the nature and severity of their injuries:
Medical Expenses and Treatment Costs
This includes emergency care, hospital bills, surgery, rehabilitation, medications, and future medical needs related to the crash.
Compensation for Lost Wages
If your injuries prevent you from working temporarily or permanently, you may claim lost income and reduced future earning capacity.
Pain and Suffering
Emotional trauma, physical pain, anxiety, PTSD, and other mental health consequences can be considered in your total compensation.
Punitive Damages in Certain Cases
If the at-fault driver is identified and their conduct was egregiously reckless or malicious, punitive damages may be awarded to punish wrongdoing and deter future harm. Reckless conduct includes drunk driving or distracted driving.
The Importance of Legal Consultation
How a Personal Injury Attorney Can Help
Navigating a hit-and-run accident claim requires more than just filing paperwork. A strong claim is formed through strategy, evidence, and legal experience.
A seasoned personal injury attorney can help you increase the value of your claim in the following ways:
- Identify all potential compensation sources (e.g., UM insurance, at-fault driver assets)
- Handle negotiations with difficult insurance carriers
- Build a compelling case to maximize recovery
Evaluating Legal Options and Strategies
Every case is different. Whether you’re recovering from physical injuries or dealing with trauma and financial stress, an experienced car accident attorney in Atlanta, Georgia can assess your options and tailor a legal strategy to your exact situation.
Contact Our Atlanta Car Accident Attorneys for a Free Consultation
If you have been injured in a hit-and-run car accident in Georgia, don’t delay seeking legal guidance. At Graham Scofield Injury Lawyers, we are committed to helping victims like you recover the compensation you deserve. From investigating your case to negotiating with insurers and representing you in court, we stand with you every step of the way.
When you connect with one of our lawyers, you don’t have to endure the bureaucracy of a big law firm. We aren’t big—we’re better. You have direct access to our lawyers 24/7, so we can help you when you need it most.
Big firms purposely try to avoid contact with their clients. We are the solution to this problem. Our team isn’t just interested in your case; we’re interested in you. We’re driven by a singular goal to earn you maximum compensation and proper medical care.
Call 404-939-9470 or schedule your free consultation online today to speak with one of our trusted car accident lawyers in Atlanta.
Frequently Asked Questions
How common are hit-and-run accidents and fatalities in Georgia?
Hit-and-run crashes have risen sharply in Georgia, with fatalities more than doubling between 2012 and 2021. They now make up nearly 5% of all fatal car accidents in the state.
What is the hit-and-run code in Georgia?
Georgia Code §40-6-270 requires drivers to stop at the scene, provide information, and assist the injured. Fleeing the scene can lead to serious criminal charges.
How do I report a hit-and-run in Georgia?
Call 9-1-1 immediately. Provide details about the fleeing vehicle and request a copy of the police report for your records.
Does insurance cover a hit-and-run in Georgia?
Yes—if you have uninsured motorist (UM) coverage, it will help pay for your damages even if the driver is never found.
Will my insurance go up after a hit-and-run accident?
It depends. If you’re not at fault and file a UM claim, your rates may not increase, but each insurer has different policies.
Can you sue for a hit-and-run in Georgia?
Yes, you can sue for a hit-and-run. If the driver is identified, you can hire a personal injury lawyer to help you recover damages.
What is the statute of limitations on a hit-and-run in Georgia?
You typically have two years from the date of the crash to file a personal injury claim. Certain exceptions may apply.
What is a hit-and-run accident?
A hit-and-run accident is when a driver involved in a crash leaves the scene without stopping, providing information, or helping the injured.
Can you sue someone for a hit-and-run in Georgia?
Yes. If the driver is found, you can pursue civil action for compensation and, in some cases, punitive damages.
What is classified as a “hit-and-run” accident in Georgia?
Under Georgia law, any crash in which a driver fails to stop, provide identification, or assist the injured qualifies as a hit-and-run.