What to Do After a Hit-and-Run Accident in Georgia
A hit-and-run accident can leave you injured, confused, and unsure of what to do next. When the other driver leaves the scene, you may feel like you have no options. However, Georgia law gives victims clear rights and steps to take.
In this blog, you will learn the legal definition of a hit-and-run accident in Georgia, the steps to take immediately after a crash, how to pursue compensation, and why working with an experienced Cumming car accident attorney can help protect your rights and strengthen your case.
Georgia Law: What Legally Defines a Hit-and-Run?
A hit-and-run accident happens when a driver leaves the scene without stopping to give help or information. Georgia law sets clear rules for what drivers must do after a crash.
Legal Definition Under Georgia Law
Under O.C.G.A. § 40-6-270, a driver involved in an accident that causes injury, death, or property damage must stop at the scene. The driver must remain at the scene until they give their name, address, and the vehicle’s license plate number to the other party or to a police officer.
This law applies to all motor vehicles. It covers any crash involving bodily injury, death, or damage to a parked car or other property. The law does not allow a driver to leave and report the accident later. Leaving the scene is a serious offense and can lead to criminal charges.
Driver Duties After an Accident
The law requires that the driver give reasonable assistance to any injured person. This includes calling 911 or helping with transportation to get medical attention. The driver must also show a valid driver’s license if asked.
If a police officer is not present, the driver must report the accident to the nearest police station without delay. This ensures that an official accident report is created. Insurance companies often need this report to process an insurance claim.
Criminal Penalties for Leaving the Scene
If a driver leaves the scene of a hit-and-run accident that involves serious injury or death, the offense becomes a felony. Penalties can include prison time, fines, and loss of driving privileges. Even in cases involving only property damage, a driver who flees can face a misdemeanor charge.
Leaving the scene of an accident may also affect the driver’s insurance policy. Insurance companies may deny coverage or cancel the policy after a hit-and-run crash.
Immediate Steps to Take After a Hit-and-Run Crash
Taking fast and clear action after a hit-and-run crash can protect your health, your rights, and your chance to seek compensation.
Make Sure Everyone Is Safe
Check yourself and others for injuries. If anyone is hurt, call 911 right away. Even if injuries seem minor, it is important to get medical attention. Some symptoms appear hours later and can lead to serious health problems.
Move your vehicle to a safe place if possible. Turn on your hazard lights and stay off the road. This prevents more danger and helps police and emergency services find the scene quickly.
Call the Police Immediately
Report the hit-and-run accident to a police officer as soon as possible. If the police do not arrive at the scene, go to the nearest police station and file a report. Georgia law under O.C.G.A. § 40-6-273 requires you to report accidents involving injury, death, or property damage.
Tell the police everything you remember. Include the time and location of the accident, the other vehicle’s description, and any part of the license plate number you saw. A detailed police report helps support your insurance claim and may assist in finding the hit-and-run driver.
Gather Evidence and Witness Statements
Take photos of the scene of the accident. Show damage to your vehicle, skid marks, traffic signs, and any debris left behind. Photograph your injuries if possible. If your car was hit while parked, take pictures of the area and look for nearby cameras.
Ask witnesses for their names and contact information. Their statements may help identify the other driver involved or support your version of events when dealing with the insurance company.
Seek Medical Care and Keep Records
Even if you feel fine, visit a doctor soon after the crash. Tell your doctor you were involved in a hit-and-run accident. Save all medical records, bills, and treatment plans. These documents show the extent of your injuries and the cost of your care.
Your medical records, along with the police report and evidence from the scene, support your case when filing an insurance claim or working with a car accident lawyer.
What If the Hit-and-Run Driver Cannot Be Found?
If the hit-and-run driver cannot be identified, you still have options to recover damages and cover your losses.
Use Your Uninsured Motorist Coverage
In Georgia, uninsured motorist coverage can help pay for injuries and property damage if the at-fault driver cannot be located. This coverage is part of many auto insurance policies. It applies when a hit-and-run accident causes bodily injury or serious damage and the other party cannot be identified.
You can file an insurance claim under this coverage even if there was no contact with the other vehicle, as long as you can show that another driver caused the crash. Review your insurance policy or ask your insurance company if this coverage is included.
Document Everything for Your Insurance Claim
Your claim must include clear evidence that a hit and run occurred. This includes a police report, medical records, photos of the scene, and any witness statements. Be specific in your report about how the accident occurred, what injuries you suffered, and what property was damaged.
Keep records of all medical expenses, repair costs, and lost wages. This helps support your claim and ensures the insurance company has the full picture.
Work with a Car Accident Attorney
A car accident attorney can help if the insurance company delays or denies your claim. They can review your insurance policy, gather more evidence, and handle communication with the insurer.
Even when the other driver cannot be found, an attorney can help you seek compensation through every legal and insurance option available. They may also investigate further to help identify the driver involved.
Your Rights to Compensation After a Hit-and-Run
Victims of a hit-and-run accident in Georgia have the right to pursue compensation, even if the driver involved leaves the scene.
Types of Compensation You Can Seek
You may be entitled to recover damages for medical expenses, lost wages, property damage, and pain and suffering. If the accident caused serious injury or long-term health problems, you may also seek compensation for future medical care and reduced earning ability.
If the at-fault driver is identified, you can file a personal injury claim directly against them. If they cannot be found, you may still file a claim through your uninsured motorist coverage.
Role of the Insurance Company
Your insurance company may provide compensation through your uninsured or underinsured motorist policy. This can help cover the cost of medical treatment, car repairs, and other losses. Filing a detailed and timely insurance claim is important. Include your police report, medical bills, and proof of property damage.
If you have personal injury protection (PIP) coverage, it may also help pay for your immediate medical costs, regardless of who was at fault.
When to Contact a Car Accident Attorney
A car accident attorney can protect your rights and handle communication with the insurance company. They can help prove liability, gather evidence, and negotiate for fair compensation.
If the insurance company delays or offers less than your claim is worth, an attorney can file a lawsuit to hold the insurer or the at-fault driver accountable. Legal help is especially important in cases involving serious injury or disputed facts.
Contact an Experienced Cumming Car Accident Attorney Today!
If you or someone you care about has been injured in a hit-and-run accident, you do not have to face the aftermath alone. Our team at the Law Offices of Humberto Izquierdo, Jr., PC understands how overwhelming these situations can be, especially when the other driver has left the scene. We are committed to helping you recover the compensation you need for medical bills, lost wages, and other damages.
Contact us at (770) 888-8901 for a free case consultation today!
