You’re driving in Atlanta, when suddenly your vehicle is hit. Before you can step out or exchange information, the other driver speeds off as if nothing ever happened.
In Georgia, a hit-and-run accident, where a driver leaves the scene of an accident without providing information (things like driver’s license, registration number, contact information, and insurance) or rendering aid to an injured person, is a serious offense. According to O.C.G.A. § 40-6-270, if the accident results in property damage or non-serious injuries, fleeing the scene is considered a misdemeanor charge, potentially resulting in fines between $300 and $1,000, up to 12 months of jail time, and license suspension. If the accident results in serious injury or fatality, and the driver knowingly fails to stop, it’s a felony charge and carries a prison sentence up to five years.
We know how scary, frustrating, and overwhelming this type of car accident can be. In a perfect world, the driver would stop and their insurance company would quickly compensate you for any bodily injuries or damages to your vehicle.
But in the real world, people don’t always do the right thing. So what do you do now?
Steps to take after a hit-and-run accident
If you or a loved one is ever in a hit-and-run car accident, here’s what you should do:
- Take care of your health first: Get prompt medical attention if you’ve suffered a serious injury.
- Gather any evidence: If possible, jot down (or take pictures of) the license plate number; car make, model, and color; and what the hit-and-run driver looks like.
- Call 911: Law enforcement needs to document the accident so you can file a police report (which, of course, is a vital component for taking legal action and filing your insurance claim).
- Talk to witnesses: They may have seen something you missed or can speak on your behalf.
- Take photos of your car: Be especially aware of places where the other car’s paint flaked off on your vehicle. In the case of a damaged parked car, this is helpful for demonstrating to your insurance company you aren’t committing insurance fraud.
- Contact a personal injury lawyer: Before speaking with your insurance provider, give us a call. We’ll make sure they provide you with fair compensation.
The path to recovering damages
In the best-case scenario, the police are able to locate the hit-and-run driver. If this happens, you may be able to pursue a civil lawsuit against the other driver, especially if their actions led to a serious injury or significant property damage to your motor vehicle. If the driver has auto insurance, their insurance company may offer a settlement. If that offer doesn’t reflect the true value of your losses, you have every right to push back — even if that calls for a formal lawsuit.
But what happens if the driver is never found or they don’t carry insurance?
This is where your uninsured motorist (UM) coverage can be a lifeline. UM is an add-on to a car insurance policy that protects you if you’re in an accident with a driver who either has no insurance or doesn’t have enough insurance to cover your damages. In addition to costs of repairing your vehicle, UM can cover broader expenses incurred as a result of the accident, including medical bills, lost wages, and any pain and suffering.
Notice we say “can cover,” though: the reality is that insurance companies always try to protect their bottom line. That’s why having a knowledgeable car accident lawyer in your corner is so important.
Why locals choose Litner + Deganian
We’ve helped many Georgia victims of hit-and-run accidents, and we know how to navigate the legal and insurance roadblocks. Our team understands the hit-and-run charges and legal consequences that can be used against the responsible party, and how to attain the compensation victims deserve.
When you work with our law firm, we’ll help you:
- File a strong insurance claim for the hit-and-run offense
- Collect evidence, including surveillance or witness statements
- Work with law enforcement to try to locate the at-fault driver
- Fight for the compensation you deserve
- Handle the paperwork and legal steps so you can focus on getting better
And yes, we offer a free consultation to provide legal advice and help you understand your options — no pressure, no obligation. Let’s talk.
