How to File a Report for a Hit-and-Run in Georgia

Side mirror view from hit and run accident.

If you are in a hit-and-run accident, you should report it to the police and notify your insurance company. If the police cannot locate the driver who fled, you can file a claim with your auto insurance if you have uninsured motorist (UM) coverage. It covers accidents caused by hit-and-run drivers.

After you report a hit-and-run accident, you should contact a Georgia car accident attorney. The legal team at Bayuk Pratt has over 50 years of experience handling Atlanta car accident claims and can guide you through the claims process. As former insurance defense attorneys, our founding attorneys have insider knowledge of how insurance companies approach claims. We utilize that knowledge to hold insurers accountable and assist accident victims in pursuing maximum compensation. Contact our law firm today for a free case evaluation with an experienced car accident lawyer.

Should You Report Hit-and-Run Accident That Results in Injuries?

Yes, you should report a hit-and-run accident involving injuries to the local police, sheriff, or state highway patrol, depending on the location where the accident occurred. Georgia Code 40-6-273 requires the mandatory reporting of accidents involving injury or death. Even if the other driver flees the scene, you must still notify the police of the accident if you are able. The law requires you to report the accident immediately and by the fastest method of communication available. A police accident report creates a record of the car crash and will be essential if you need to file a car accident claim and pursue compensation.

Do You Report a Hit-and-Run Accident to Police If No Injuries Are Involved?

If you or anyone else has injuries, you should request an ambulance when reporting an accident. A medical professional can evaluate your injuries and provide medical attention.

Even if there are no injuries, you will likely still need to report the accident. Georgia Code 40-6-273 requires you to report accidents involving $500 or more in property damage. The damage threshold is very low, so many hit-and-run accidents would still have to be legally reported, even if they did not involve injuries.

Regardless of what the law requires, you should contact the police and report any motor vehicle accident. Ask the responding officer when the official police report will be available and how you can obtain a copy.

When Should You Report a Hit-and-Run Accident to Your Insurance Company?

You should contact your insurance company as soon as possible after a hit-and-run collision. You should notify your insurance company of any accident you are involved in, regardless of who was at fault. Insurance companies typically require policyholders to report all accidents. An insurer can cancel coverage if the policyholder fails to provide proper notification. You will need to contact your insurance company if you want to use your collision coverage to fix vehicle damage.

What Happens if Police Cannot Find the Hit-and-Run Driver?

Police will seek to identify and apprehend a driver who caused a crash and fled the scene. If police cannot find the at-fault motorist who fled the crash scene, your main option is to file a claim with your uninsured motorist (UM) policy, if you have that coverage. UM insurance applies in cases where the at-fault driver has no insurance or, in the event of a hit-and-run incident, the driver remains unidentified. UM coverage should pay for your medical expenses, lost wages, and injury-related losses up to the policy limits.

UM insurance coverage is not mandatory in Georgia, but insurance companies are required to offer it when selling auto policies. You should maintain UM insurance to protect yourself in case an uninsured driver strikes you and flees the scene. Unfortunately, Georgia has a high percentage of uninsured motorists. Nearly 20 percent of drivers in Georgia are driving uninsured. If you don’t have UM coverage, you can face financial hardship if struck by an uninsured driver or a hit-and-run driver.

What Compensation Can You Recover If Police Catch the Hit-and-Run Driver?

If the police apprehend the at-fault driver, you could potentially file a claim against the at-fault driver’s liability insurance. If the other driver’s insurance company refuses to offer a fair settlement, you may file a personal injury lawsuit and demand fair compensation for your losses, including:

  • Medical bills, such as emergency room treatment, hospitalization costs, surgery costs, prescriptions, and rehab services.
  • Lost work income, such as hourly wages, salary, bonuses, tips, and commissions
  • Reduced earning capacity due to permanent disability
  • Miscellaneous injury expenses
  • Pain and suffering
  • Mental anguish and emotional distress
  • Loss of life enjoyment

A hit-and-run is a criminal offense in Georgia. You may be able to demand punitive damages as part of a personal injury case to punish the offender. Georgia Code 51-12-5.1 limits punitive damages to $250,000, except in cases where the offender caused intentional harm or was under the influence of alcohol.

How Can a Georgia Car Accident Lawyer Help Me with My Hit-and-Run Accident Case?

Hit-and-run cases are complex because it can be hard to prove your version of events when the other driver is unknown. An experienced car accident attorney can investigate and gather evidence to help prove the extent of your injuries.

Attorneys can use evidence to create a compelling narrative that improves the chances of a successful outcome to a car accident case. In some cases, an auto accident attorney may be able to identify the at-fault party who fled the scene, opening up the possibility of a personal injury claim against them.

An attorney can negotiate with your insurance company if you file a UM claim. Just because you are a policyholder doesn’t mean the insurer will treat you fairly if you seek compensation. The top priority of insurance companies is to protect their profit margin. Your lawyer can provide legal guidance if you receive any settlement offers and push back if insurers try to discount your car accident injuries and losses.

Contact a Georgia Car Accident Lawyer Today

After a hit-and-run accident, it’s important to contact an attorney quickly. An experienced lawyer can preserve evidence before it deteriorates, gather your medical records, and guide you through the legal process. The Atlanta law firm Bayuk Pratt has a record of successful auto accident cases and has recovered over $300 million for our clients.

Every case has unique factors, but we are confident of our litigation skills, if needed. As experienced trial attorneys, we are prepared to pursue your case in court if a fair settlement cannot be reached. We are known for our aggressive legal representation and relentless advocacy for injury victims.

Contact our offices online or by phone today for a free initial consultation. Discuss your serious injuries and hit-and-run case with a Georgia car accident attorney. We are available 24/7, so someone will always be here to take your call.

Author: Frank Bayuk

In 2022, Frank Bayuk joined forces with Bradley Pratt to form the Atlanta personal injury law firm of Bayuk Pratt based on their belief that individuals and families should receive the same elite level of representation that is usually reserved for the world’s most powerful companies. Since the firm’s founding, he has helped Bayuk Pratt to recover more than $300 million on behalf of its clients. Frank, a Florida native, earned his undergraduate degree from the University of Florida and his law degree from the Florida State University College of Law. Before he established Bayuk Pratt, he served as a partner at two of the largest defense firms in the world, Jones Day and King & Spalding. In addition to his practice, Frank teaches trial techniques at Emory University School of Law, attends Buckhead Church, and enjoys spending time with his family.

 

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