Can You Sue for a Hit-and-Run in Georgia?
The consequences of a hit-and-run incident can be distressing and frustrating. The sudden collision, followed by the fleeing of the responsible party, can leave victims feeling vulnerable and uncertain about their rights to seek justice. However, you can sue for a hit-and-run in Georgia to recover compensation for your injuries and losses. The hit-and-run accident attorneys at Kaufman Injury Law can help victims file a lawsuit to fight for their rightful compensation.
Hit-and-Run Laws in Georgia
Georgia law requires those involved in an accident to stop at the scene and provide their address and vehicle details. The stop should not obstruct traffic unnecessarily.
When a hit-and-run accident causes death or serious injury, the hit-and-run driver will be charged with a felony. This offense carries a prison term of one to five years or a four-month driver’s license suspension.
Liability and Negligence in Hit-and-Run Accidents
Determining liability in hit-and-run accidents can become complicated because the fleeing driver is absent. Suppose the identity of the at-fault driver is unknown. In that case, Georgia law allows an injury victim to sue “John Doe” as a placeholder defendant until they discover the defendant’s identity. However, you must demonstrate negligence on the part of the fled driver to establish liability. A court can also award punitive damages, attorney fees, and expenses if it finds that the defendant acted in bad faith or willfully disregarded the safety and well-being of other drivers on the road.
In Georgia, negligence in motor accidents occurs where there is:
- A duty of care
- A breach of duty
- Causation
- Damages
Insurance Coverage in Hit-and-Run Accidents
The big question most hit-and-run victims ask is, “Who is going to pay for my medical bills and pain and suffering if the at-fault driver fled the scene of the accident?” In Georgia, insurance companies offer a special kind of insurance called Uninsured Motorist (UM) coverage that you can add to your auto insurance policy to protect you if a hit-and-run driver causes a wreck. UM coverage will cover losses like medical bills, pain and suffering, and lost wages. UM coverage also protects you if the at-fault driver is known but uninsured. The coverage can also protect you if the at-fault driver lacks enough insurance to cover your losses. There are two types of UM coverage: “Added-On” and “reduced-by.”
UM coverage is the most important insurance a driver can buy. Every Georgia driver should protect themselves on the road by having “added-on” coverage of at least $25,000. More if possible.
Seeking Legal Guidance for Hit-and-Run Accidents
The value of seeking legal guidance after a hit-and-run accident cannot be overstated. A lawyer can explore various avenues for pursuing compensation, such as identifying other liable parties or investigating insurance coverage options.
Importantly, your attorney will gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. They will also increase the likelihood of a fair settlement by your UM insurance in covering losses that you might otherwise have to pay out of pocket, such as:
- Medical costs
- Pain and suffering
- Wrongful death
- Property damage
- Lost income
- Loss of earning capacity
- Loss of consortium
Consult an Experienced Georgia Car Accident Lawyer About Your Hit-and-Run Case
Suing after a hit-and-run accident is crucial in securing the compensation you deserve for your injuries and losses. At our firm, we handle hit-and-run cases in Georgia, and we are here to fight for your rights. If you’ve been a victim of such an incident, don’t navigate the legal process alone. Let an experienced car accident attorney fight for your rights. Contact us today for a free consultation.
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