A delivery driver hit a car parked in its own driveway

Q: What must a driver do after hitting a parked car in Georgia?

O.C.G.A. § 40-6-271(a) requires the driver to stop immediately and either locate and notify the owner or operator with their name and address, or leave the required written notice. Failing to comply is a misdemeanour under subsection (b).

Q: Can a vehicle owner claim for being without the car?

Loss of use is a recoverable element of a property damage claim in Georgia, separate from the repair cost. It is frequently omitted from a first offer unless it is claimed specifically.

Q: Is it better to deal with a company directly or with its insurer?

An insurer has a process and an obligation behind it, where an informal arrangement with a manager has neither. Being directed to the insurer is usually the more reliable route.

Question

A delivery driver hit my car while it was parked in my driveway. He called his supervisor, who told him to photograph it and leave. I took photographs too and got the supervisor's number. The supervisor said he would take care of it and asked for an estimate, and now that I have provided one he has told me to contact their insurer instead. My partner has already lost half a day's work getting that estimate, and I may be without the car for two weeks. Do I really have to keep chasing this?

A. Jason Velez · Accepted Answer

No — and the driver leaving without notifying you was not a matter of company policy but a statutory duty. O.C.G.A. § 40-6-271(a) is specific about what a driver who hits an unattended vehicle must do: The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver… and subsection (b) makes non-compliance a misdemeanour. That the driver was told to take photographs and leave does not change what the statute required of him. Being routed to the insurer is normal rather than a brush-off, and it is usually the better route: a commercial carrier's insurer can pay properly, where an informal arrangement with a supervisor has no mechanism behind it. What you should not do is accept a figure that does not cover what the loss actually is. Loss of use is part of the claim. Being without the vehicle for two weeks is a recoverable element in Georgia, separate from the repair itself, and it is the item most often left out of a first offer because nobody asks for it. ## What you can do 1. Open a claim directly with the company's insurer and get a claim number in writing. 2. Put the loss-of-use period in the claim explicitly — a hire car or the cost of being without the vehicle. 3. Keep the photographs, the estimate, and a note of the date and time the driver left. 4. Ask the police whether a report can still be filed, given the driver left without providing details. 5. Speak to a Georgia attorney if the insurer disputes the repair figure or refuses loss of use. ⏱ Time limits apply. O.C.G.A. § 9-3-31 gives four years for damage to personal property, including a vehicle, while an injury claim under § 9-3-33 gets only two. Where both are in play the shorter one governs the part that matters most. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

A delivery driver hit a car parked in its own driveway

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