| Read Time: 7 minutes | Car Accident
Can I Sue if I Was Hit By a Car While Jaywalking

PSA: In Georgia Hit-and-Run Accidents, Punitive Damages are Available up to $250,000

Hit-and-run accidents are among the most frustrating types of collisions.

Injuries and potentially losing your own car are bad enough. Knowing that the at-fault driver perpetrator who caused the crash refuses to take responsibility for their actions makes it even more frustrating for hit-and-run victims. Worse still: if the hit-and-run driver cannot be discovered, then you have to look to your own insurance carrier for relief.

Many Georgia hit and run victims choose to do nothing because they do not believe there is any value in their claim, but that may not be true. It doesn’t matter if you are a pedestrian, riding your bike, or driving your car: if you don’t have the right kind of coverage, you will likely not be able to recover any money for your injuries and losses.

It is important to remember that punitive damages are available against hit-and-run drivers as a way to punish the criminal act and increase the award to victims. But punitive damages can be complicated and an attorney should be involved. 

The attorneys of MG Law can help you navigate what, for many, will be one of the most frustrating and unfair experiences of their lives.

We work with the police and investigators to try to locate the other driver. If the driver is found, we demand payment for all of your medical bills, lost wages, and pain and suffering. Where possible, we will also demand that they pay a penalty for their dishonest behavior.

If the driver cannot be found, or does not have insurance or enough insurance, we then work to get your own insurance company to pay your damages through the uninsured or underinsured provisions of your policy. You should not have to pay for someone else’s negligent or reckless behavior.

We will guide you through the entire process and deal with the relevant parties for you, leaving you to focus on your recovery and getting your life back on track.  If you are a hit and run victim, what to do next can be very important. 

Give us a call at (770) 988-5252 or fill out our contact form today.

Hit-and-Run: What to Do

Experiencing a hit-and-run accident can be traumatic and disorienting. In Georgia, where hit-and-run accidents are unfortunately common, knowing the basic steps to take can make a significant difference in your ability to recover both physically and financially.

Immediately following the accident, taking specific steps to protect your rights and ensure that you have the best possible chance of holding the responsible party accountable is essential. 

1. Ensure Your Safety

First and foremost, your safety and the safety of any passengers should be your top priority. If possible, move to a safe location away from traffic. Check yourself and others for injuries, and call 911 to report the accident and request medical assistance if needed. Even if you feel fine, getting checked by a medical professional is wise, as some injuries may not be immediately apparent.

2. Gather Information

It can be challenging to think clearly in the chaotic moments after a hit-and-run. However, gathering as much information as possible about the other vehicle and the driver is crucial. Try to note the make, model, color, and any visible damage to the other car.

If you can, take note of the license plate number, even if it’s just a partial number. Additionally, make a mental note of any distinguishing features of the driver, such as their appearance or behavior. DO NOT CHASE THE AT-FAULT DRIVER AT HIGH SPEEDS OR UNSAFE CONDITIONS. 

3. Look for Witnesses and Video

Witnesses can be critical in identifying the hit-and-run driver and supporting your case. Look around to see if anyone witnessed the accident and ask for their contact information.

Their statements could be vital in helping the police track down the responsible party and in substantiating your insurance claim. Often, a security camera for a nearby gas station or parking lot can help you identify the other driver.

4. Document the Scene

In addition to gathering information about the other vehicle, it’s essential to document the accident scene. Use your phone to take photos of your car’s damage, the location of the accident, and any relevant road conditions or traffic signs.

If you notice any surveillance cameras in the area, note their location, as the footage may have captured the incident.

5. Report the Accident

Reporting the accident to the police is not just a recommendation—it’s a necessity, especially in hit-and-run accidents in Georgia. A police report is crucial for your insurance claim and any potential legal action. Provide the police with all the information you’ve gathered, and be sure to get a copy of the report for your records.

In hit-and-run cases, it is important to contact the police and have them come to the scene of the accident so that they can get your information and write a report. It is always important to have a wreck documented, but it is especially crucial in a hit-and-run.

Not calling the police gives an insurance company another excuse not to pay you or say you are lying-don’t give it to them!

You should also try to remember the following:

  • The make, model, and color of the car that hit you
  • How the crash happened and what damage, if any, the other car suffered
  • Any identifying characteristics about the driver that struck your car

If possible, you and the police should get the names and contact information of any eyewitnesses. You should also take pictures of the scene and of your vehicle.

Sometimes, the driver can be identified based on your property damage if he/she seeks to fix a damaged car.

Our hit-and-run injury lawyers and investigators may be able to piece together enough information to determine who the other driver was.

Insurance Options in Georgia Hit-and-Run Cases

If the hit-and-run driver can be identified and has insurance, then a claim can be brought against the driver or the owner of the vehicle.

Unsurprisingly, though, a person willing to hit another driver and flee the scene usually does not have insurance.

It’s not uncommon for a hit-and-run driver to flee due to fear of facing other charges, such as driving a stolen vehicle or a DUI-these are not people you would expect to carry a responsible level of insurance.

Most victims of hit-and-runs must rely on their own policy to get compensation for their injuries.

In Georgia, car owners are required to have:

  • Bodily Injury Liability – $25,000 per person and $50,000 per incident
  • Property Damage Liability – $25,000 per incident

When the other driver is located, the victim is able to pursue them for bodily injury, damage to car and property, lost wages and punitive damages.

Punitive damages are defined in Georgia law under O.C.G.A. § 51-12-5.1 as “additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant,” and “may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences,” and “shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” Punitive damages are capped at $250,000 in most situations.

Georgia does not require drivers to purchase uninsured/underinsured motorist coverage, however. It can be tempting not to have it, as it will likely lower your insurance premium. Going without is not free, however: if you are hit by a driver who does not have insurance (or enough insurance), you will likely have to pay for your medical bills on your own.

In a hit-and-run, you will also have to pay to fix your own car. For this reason, drivers should have as much insurance as they can afford to purchase – including UM/UIM insurance – so that they are fully covered in the event of a hit-and-run.

Importantly, UM/UIM insurance will provide coverage even if you were a pedestrian or riding your bike-it covers you, and not just your car.

How to Report a Hit and Run to Auto Insurance

After a hit and run, what to do next regarding insurance can greatly impact your ability to receive fair compensation. Reporting hit and run accidents in Georgia to your auto insurance company is critical in securing compensation for your damages. Understanding how to approach this can ensure your claim is handled efficiently and effectively. 

Contact Your Insurance Company Immediately

As soon as possible after the accident, contact your insurance provider to report the hit and run. Provide them with all the details you can remember about the incident, including the time, location, and description of the vehicle and driver, if available.

The sooner you report the accident, the better, as some policies have strict time limits for filing claims.

Provide the Police Report Number

When reporting the accident to your insurance company, be sure to provide the police report number. The police report will serve as an official record of the incident, and your insurance company will likely require it as part of the claims process. This document is essential, especially in hit and run accidents in Georgia, where the driver responsible has fled the scene.

Review Your Coverage

When discussing the accident with your insurance agent, review the specific coverages in your policy that may apply. If the hit-and-run driver is never found, your uninsured/underinsured motorist coverage may be your best option for recovering damages. This coverage can help pay for medical expenses, property damage, and other losses from the accident.

Document All Communications

Keep a detailed record of all communications with your insurance company, including notes from phone calls, emails, and any letters received. Documenting these interactions can be crucial if there are disputes or delays in processing your claim.

Cooperate with the Investigation

Your insurance company may conduct an investigation to verify the details of the accident. Be prepared to cooperate fully by providing any additional information or documentation they request. For instance, they may ask you to provide photos, medical records, and repair estimates.

Understand Your Rights

In some cases, insurance companies may attempt to minimize their payout or deny your claim. If you feel the insurance company is not handling your claim fairly, don’t hesitate to seek legal advice. A skilled attorney can help you navigate the claims process, negotiate with your insurance company, and, if necessary, take legal action to ensure you receive the compensation you are entitled to.

Hit-and-Run: A Serious Crime

So far, we have focused on what options a hit-and-run victim has, and what steps you should take both before and after a hit-and-run. However, it is important not to lose sight of the fact that a hit-and-run is a serious crime.

Georgia law requires any driver that damages another person’s property and/or injures another person to:

  1. Give their name and address and the registration number of the vehicle they were driving at the time;
  2. Show their license to the people hit;
  3. If someone is injured, take the steps necessary to ensure that the injured person(s) either receive the treatment they need, or call 911 to ensure that first responders get the injured person the help they need. This is especially important where the injured person is unconscious or too hurt to do so themselves.

Anyone who injures another person with their vehicle and does not take these steps faces a felony hit-and-run charge that carries a minimum one-year prison sentence, with the potential for a five-year prison sentence.

MG Law Can Help

Do not despair if a hit-and-run driver causes you physical harm; it is a difficult process, but you have options and we are here to help. Contact MG Law for a free consultation with one of our hit-and-run attorneys to learn more about how we can help. Call us at (770) 988-5252 or complete our contact form today.

Author Photo

Michael Geoffroy’s law practice focuses on auto collisions, premises liability, wrongful death, and catastrophic injury. He stands up for the cause of justice throughout Georgia and on behalf of his clients every day. He is a leader in both the courtroom and the community, having been recognized numerous times for his involvement in each.