What happens if the at-fault driver flees the scene in Georgia?

Key Takeaways

• Leaving the scene of an accident is a serious crime in Georgia—especially if it involves injuries or death.
• Victims may still recover compensation through UM (uninsured motorist) coverage or other legal routes, even if the at-fault driver isn’t caught.

A hit-and-run attorney can help you report, investigate, and build a case for both civil compensation and criminal accountability.

Is it illegal to flee the scene of a car accident in Georgia?

Yes. Under O.C.G.A. § 40-6-270, all drivers involved in an accident must:

• Stop at or return to the scene
• Exchange contact and insurance information
• Assist anyone injured (by calling 911 if needed)

Failing to do so—especially if someone is injured or killed—can result in felony charges.

What are the penalties for hit-and-run drivers in Georgia?

Penalties depend on the severity of the crash:

• Property damage only: Misdemeanor, up to 12 months in jail, and fines up to $1,000
• Injury or death: Felony, with 1 to 5 years in prison
• Leaving after a DUI or other serious offense: Additional charges and license suspension

Even first-time offenders face jail time, license loss, and a permanent criminal record.

Can I still get compensation if the driver isn’t caught?

Yes. If you were injured in a hit-and-run, you may be able to recover through:

• Your uninsured/underinsured motorist (UM/UIM) coverage
• Medical payments (MedPay) coverage on your policy
• Crime victim compensation programs, in rare cases
• A civil lawsuit—if the driver is later identified

An attorney can help you file a UM claim properly, gather evidence, and negotiate with your insurer to maximize your payout.

What should I do right after a hit-and-run accident?

1. Call 911 and report the crash immediately
2. Write down everything you remember about the vehicle or driver (make, color, direction, partial plate)
3. Look for witnesses nearby who may have seen the incident
4. Check for cameras on businesses, traffic lights, or homes
5. Get medical care, even if your injuries seem minor
6. Report the incident to your insurer, but don’t give a statement before talking to an attorney

How can an attorney help after a Georgia hit-and-run?

A personal injury attorney can:

• Work with police to track down the fleeing driver
• Collect camera footage and eyewitness accounts
• File a UM claim and handle insurer pushback
• Sue the driver (if identified) for damages and punitive compensation
• Handle your case while you focus on healing

FAQ: Georgia Hit-and-Run Crashes

What if I didn’t see the other vehicle?

You can still file a UM claim if the impact or damage clearly shows another driver caused the crash—even if they weren’t visible.

What if I was a pedestrian or bicyclist?

Hit-and-run laws still apply, and you may be covered under a UM policy on your auto insurance or a family member’s.

Can I sue if the driver is found?

Yes, and you may also be eligible for punitive damages due to the driver’s reckless and criminal behavior.

How long do I have to file a claim?

You generally have 2 years to file a personal injury lawsuit, but UM claims must be reported much sooner—sometimes within 30 days.

Do hit-and-runs happen often in Georgia?

Unfortunately, yes. Georgia sees thousands of hit-and-run crashes every year, especially in urban corridors like Atlanta, I-20, and Jonesboro’s Tara Boulevard.

Call for a free hit-and-run case review

Hit by a driver who fled the scene? Don’t navigate the aftermath alone. At Hines Law, we help victims across the Atlanta area hold drivers—and insurers—accountable.

Call 404-226-4236 or start a free case review at hineslaw.org. We speak English and Spanish—and we’re ready to fight for you.