Hit-and-run victim in Georgia: the conditions that come before the claim

Attorney Answer

When the driver who hit you is unknown, your own uninsured-motorist coverage is usually where the claim goes, and Georgia puts two conditions on it. The crash must have been reported to the police. And either the fleeing vehicle actually touched you or your vehicle, or someone other than you saw it happen and can back your account. If no one has reported the crash yet, that is the first thing to do.

An unknown driver counts as uninsured. O.C.G.A. § 33-7-11(b)(2):

(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown.

Recovery then requires actual physical contact between the unknown vehicle and you or your property, with one exception:

Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant.

Georgia reads the contact requirement strictly. In Torstenson v. Doe, 257 Ga. App. 389, 571 S.E.2d 432 (2002), a metal object that flew from an unknown pickup truck and struck the insured's windshield was held not to be actual physical contact, and without an eyewitness to back the account, the claim failed.

The police report. When the driver is unknown, O.C.G.A. § 33-7-11(c) makes it a condition of recovering under the uninsured-motorist coverage that you, or someone on your behalf, report the accident as O.C.G.A. § 40-6-273 requires. That section is the general duty to report a crash:

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.

If the driver is never found. Under O.C.G.A. § 33-7-11(d), a lawsuit can be brought against the unknown driver as “John Doe,” with the papers served on your own insurer as though it were a named defendant.

Do not count on a pause in the deadline. Georgia's rule for crime victims, O.C.G.A. § 9-3-99, pauses the clock on a victim's claim while a prosecution of the crime is pending, for up to six years. It does not help where no one is ever charged and the time to charge has run: in Toliver v. Dawson, 370 Ga. App. 451 (2023), the Court of Appeals held it did not apply at all. Plan around the ordinary deadline.

What you can do

1. If the crash was never reported to the police, report it now. Your uninsured-motorist claim depends on it.

2. Tell your own insurance company about the crash promptly, and ask for a copy of your policy's declarations page showing your uninsured-motorist coverage.

3. Get the names and contact details of anyone who saw the crash.

4. Photograph your vehicle's damage, including any paint or marks left by the other vehicle, which can show contact.

5. Ask nearby businesses about camera footage soon, before it is recorded over.

6. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Georgia attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A lawsuit for your injuries must generally be filed within two years under O.C.G.A. § 9-3-33, and a claim for damage to your vehicle within four years under O.C.G.A. § 9-3-31.