When a driver causes an accident in Georgia and then flees the scene, this is called a hit-and-run. These accidents are always upsetting, and they frequently leave victims very worried about what their legal options are for pursuing compensation. It’s always wise to talk to an auto accident attorney in Atlanta as soon as possible to get an educated and experienced opinion about your options.
What Are Your Legal Options If the At-Fault Driver Leaves the Scene?
Filing a Police Report and Pursuing Criminal Charges
A hit-and-run is a crime, so your first legal option is to report the incident to law enforcement. By calling 911 or visiting a police station, you initiate an official investigation that may be able to identify the at-fault driver. Provide the police with any details you recall, such as the vehicle’s description or even a partial license plate, and if there are any witnesses, ask if they’d be willing to tell the police what they saw. The police may be able to use traffic cameras, witness statements, or forensic evidence to identify the driver, and, if found, the driver could face misdemeanor charges and even felony charges if they caused serious injury or death.
You may be wondering what good it is to pursue a criminal charge, since this doesn’t directly compensate you for your losses. But if the police can identify the driver, then you’ll be able to pursue a civil claim against them and sue them for your damages, like your medical expenses, property damage, or pain and suffering. Now, unfortunately, many times people flee the scene of an accident precisely because they don’t have insurance, and if they don’t have insurance, this could be because they can’t afford it. In that case, it may be difficult for you to get any compensation from them. However, there are other options, and your lawyer can help you explore all of them.
Using Your Uninsured Motorist Coverage
Georgia law requires insurance companies to offer you uninsured motorist (UM) coverage, though you don’t have to get it, and this would kick in after a hit-and-run, since the fleeing driver is considered uninsured. If you have UM coverage, you can file a claim with your insurer to cover your medical bills, vehicle repairs, or lost wages. You’ll need to provide evidence of what happened and which proves it was a hit-and-run, like the police report and documentation of all your damages.
Insurers may dispute the extent of your losses, so keep thorough records. If you don’t have UM coverage, or it’s insufficient, you can explore other insurance options, like collision or medical coverage, though these may have higher deductibles or be limited in what they’ll cover. Your lawyer can help you make sure every option is maximized, however.
Filing a Civil Lawsuit
If the at-fault driver is identified, you can file a civil lawsuit for damages. Georgia allows you to make a claim for economic losses, which are your medical costs, repair bills, and lost wages, and for your non-economic losses like pain and suffering or mental anguish. You must file within two years for personal injury or four years for property damage under Georgia’s statute of limitations. If the driver is never found, you can file a lawsuit targeting a “John Doe” defendant if you need to do so to access UM coverage through the court. Always talk to an attorney.
Seeking Compensation Through Other Avenues
It does get a bit tougher if the driver isn’t identified or you don’t have enough insurance, but there are still some options. It’s possible you may qualify for Georgia’s Crime Victims Compensation Program if you suffered injuries. This program covers medical expenses, lost wages, and counseling costs, but it does have caps. As of 2025, medical and dental expenses are capped at $15,000, loss of income or support is capped at $20,000, and mental health counseling is capped at $3,000. There’s also a total cap of $25,000 per victim.
To qualify, you must report the incident to the police within 72 hours unless there’s a valid reason for the delay, such as if you are in surgery and recovery for several days, and you must apply for help with the program within three years of the accident. This option doesn’t require you to be able to identify the at-fault driver, which makes it valuable for hit-and-run cases. However, the program doesn’t cover property damage, like vehicle repairs, and awards may not fully cover your losses if they’re particularly extensive. Talk with a lawyer to make sure your application is thorough and meets all the requirements.
Victims’ Unclaimed Restitution Program
If you were the victim of a crime in Georgia, and if the perpetrator was caught and prosecuted, the court may order them to pay restitution to you. If that money doesn’t get claimed within two years, it gets transferred to this program. Although the Crime Victims Compensation’s Unclaimed Restitution Program makes attempts to locate and contact the victim, these aren’t always successful. It’s always worth asking your lawyer about this.
Other Insurance Policies
Whether you don’t have uninsured motorist coverage or you do have it and it’s not enough, it’s also worth investigating whether other insurance policies might provide some relief. If you have collision coverage, for example, this would cover repairs to your vehicle regardless of who is at fault, though you will have to pay a deductible and most cases. If you have MedPay coverage in your policy, this will usually cover medical expenses for you and your passengers up to the set limit. Again, if you review all of this with your lawyer, you will likely be able to find options that you might not have thought of.
Third-Party Liability Claims
Even if the primary at-fault driver fled the scene, other parties may also share some responsibility, and you may be able to bring an action against them. For example, if the at-fault driver was driving a company vehicle, their employer might be liable. There might be a third or fourth driver involved to might be partially to blame. If the hit-and-run driver is caught but doesn’t have the funds to pay you, there can still be options in some cases if the driver was drunk. Georgia has dram shop laws that make bars and restaurants liable for over-serving alcohol to someone who is already visibly drunk or to minors if that person goes on to hurt someone.
Another possibility is poor road conditions, such as potholes or missing signage. If any of these played apart in the accident, there might be a government entity who is partially liable. It will all depend on whether the entity knew about the road hazard or should’ve known about it, and bear in mind that if you ever bring a lawsuit against the government you have a shorter time limit and there are stricter procedures involved.
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