Hit-and-Run Accidents: What Legal Options Do Victims Have?
Being involved in any car accident is stressful, but when the other driver flees the scene, the situation becomes even more frustrating and uncertain. Hit-and-run accidents are not only illegal but leave victims struggling with medical bills, vehicle damage, and emotional distress—all without knowing who is responsible.
In Georgia, drivers are legally obligated to stop after a collision, provide their information, and assist anyone who may be injured. When that responsibility is ignored, victims often feel abandoned and unsure of what to do next. Fortunately, the law does provide options for those harmed in hit-and-run cases, even when the driver isn’t immediately identified.
At The Law Office of George O. Haskell, IV, we are proud to serve communities across central Georgia, advocating for individuals injured in hit-and-run collisions, uninsured motorist crashes, and other serious matters.
Here, we’ll break down what victims in Georgia should know about hit-and-run accidents, what legal paths they can pursue, and how working with an experienced personal injury attorney can help protect their rights after such a traumatic event. Keep reading or call us today for more information.
What Qualifies as a Hit-and-Run Accident in Georgia?
Georgia law requires anyone involved in a motor vehicle accident to stop at or near the scene, regardless of who caused the crash. Under O.C.G.A. § 40-6-270, drivers must remain at the scene and provide their name, address, and vehicle registration. They must also help any injured parties and contact emergency services if needed. A hit-and-run occurs when a driver:
Collides with another vehicle, pedestrian, cyclist, or object
Fails to stop and provide necessary identification or aid
Leaves the scene before law enforcement arrives
This applies to both major collisions and minor ones—there's no minimum damage threshold. Even tapping someone’s bumper and driving off without leaving a note qualifies as a hit-and-run.
Penalties in Georgia can range from fines and license suspension to jail time, particularly if the crash involves injury or death. However, for the victim, the immediate concern is often financial recovery and physical healing.
Immediate Steps Victims Should Take After a Hit-and-Run
If you're involved in a hit-and-run, the first moments after the crash are critical. While the absence of the at-fault driver adds stress, taking the right steps can help build your case and improve your chances of receiving compensation later. Here’s what to do:
Call 911 immediately: Get medical help for any injuries and request law enforcement to file a report. An official police report is crucial.
Write down what you remember: Note the make, model, color, or any partial license plate number of the fleeing vehicle.
Look for witnesses: Speak to anyone who may have seen the incident and ask for their contact information.
Check for nearby cameras: Ask surrounding businesses or homes if they have surveillance footage of the area.
Take photos: Document vehicle damage, injuries, skid marks, or any debris from the crash.
Seek medical treatment: Even if you feel okay, some injuries aren't immediately visible and may worsen without care.
Report the accident to your insurance company: Explain the situation and confirm whether you have uninsured motorist coverage.
These actions won’t identify the at-fault driver on their own, but they can create a foundation for a personal injury claim, especially if the other driver is later found or if you need to rely on your own insurance.
Legal Options When the Driver Is Identified
In some cases, law enforcement may track down the fleeing driver. They may be found through surveillance footage, eyewitnesses, or even vehicle damage that leads back to them.
Once identified, you have the right to pursue legal action against the driver. This typically involves filing a personal injury lawsuit seeking compensation for:
Medical expenses
Lost wages due to missed work
Pain and suffering
Property damage
Future care needs or loss of earning potential
Civil claims are separate from criminal charges, meaning even if the driver is facing penalties for leaving the scene, you can still pursue damages. However, you must file your personal injury lawsuit within two years of the accident under Georgia’s statute of limitations. Missing this deadline can prevent you from collecting compensation altogether.
If the driver is uninsured or underinsured, your own uninsured motorist (UM) coverage can be another option. Georgia law does not require drivers to carry UM coverage, but many policies include it unless the driver opts out in writing. This type of coverage can step in to pay for your injuries and damages if the responsible party can’t.
What If the Driver Is Never Found?
One of the most stressful aspects of a hit-and-run accident is the possibility that the driver may never be identified. In these cases, you may still have a path to recovery—just a different one.
This is where your uninsured motorist coverage becomes vital. If the at-fault driver can’t be located, Georgia law considers the crash to involve an “uninsured” motorist, triggering your UM policy if it exists.
Using your own policy in this way does not increase your premium in Georgia, and you still have the right to pursue a claim for medical bills, lost income, and other losses. However, you’ll need to prove that the other vehicle was responsible for the crash. This is why gathering evidence and filing a police report is so important.
If you don’t have UM coverage and the driver is never found, the options become more limited. Health insurance may cover some medical costs, but there's often no avenue for compensation related to pain, suffering, or lost wages without a liable party.
That’s why it’s worth reviewing your auto policy now—before an accident happens—to see what protections are already in place.
Why Having the Right Support Makes a Difference After a Hit-and-Run
Hit-and-run cases are different from typical car accidents. The lack of an identified driver, the need for insurance claims through your own policy, and the potential for long-term medical care all make things more challenging for victims seeking recovery.
An experienced personal injury attorney can step in to protect your interests during this time. Legal representation offers several advantages, including:
Handling communication with insurance companies: Insurers may downplay your injuries or delay processing your claim.
Investigating the crash: Attorneys can request surveillance footage, interview witnesses, and work with accident reconstruction experts if needed.
Identifying other liable parties: In some cases, a third party—such as a vehicle manufacturer or municipality—could be partially responsible.
Maximizing your compensation: Victims are often unaware of the full value of their claim, especially when it comes to pain and future medical care.
Meeting legal deadlines: Missing important dates can weaken your case or prevent you from recovering damages altogether.
While the outcome of each case depends on the details, having someone experienced in Georgia personal injury law can make a meaningful difference in how your case is handled and resolved.
Common Challenges in Hit-and-Run Cases
Hit-and-run victims often face obstacles that others in more straightforward car accidents don’t encounter. It’s important to be prepared for these challenges so you can plan accordingly:
Insurance denials: Some insurers may deny claims if there’s not enough proof that another driver caused the crash.
Lack of witnesses: Without someone else who saw the incident, it can be harder to support your version of events.
Delayed medical symptoms: Not all injuries show up immediately. This can lead to disputes about when the injuries actually occurred.
Missing or inconclusive video evidence: Even with security footage, poor visibility or bad angles may make it difficult to identify a license plate or driver.
These issues don’t mean a case is hopeless, but they do highlight why documentation, prompt reporting, and legal support can be so important in hit-and-run scenarios.
Take Control Today
At The Law Office of George O. Haskell, IV, we understand how overwhelming a hit-and-run accident can be, not just physically but emotionally and financially as well. We’re here to help you take back some control and explore the options available to you, no matter where you are in the process.
We proudly serve clients in Macon, Georgia, and the surrounding area including Milledgeville, Houston County, Warner Robins, Monticello, and Forsyth. If you’ve been injured in a hit-and-run, reach out to our staff, and let’s talk about how we can help you move forward.