A person hit by a driver who fled has three tracks: help from police, a claim on their own insurance, and a suit against the driver if found. Uninsured motorist (UM) coverage may be the available source of recovery, and it has conditions.
Report first. O.C.G.A. § 33-7-11(c) requires an insured to report the accident as § 40-6-273 requires, or lose UM recovery against an unknown driver. Section 40-6-273 calls for notice “immediately, by the quickest means of communication.” Call 911 from the scene if possible, and get the report number.
Prove the unknown car. Under § 33-7-11(b)(2), recovery against an unknown driver needs “actual physical contact” with the person or property, or corroboration by an eyewitness other than the claimant. Paint transfer, photos of the damage, and witness names matter. A phantom vehicle that forced someone off the road needs that eyewitness.
Then the insurance steps.
- Notify your insurer, because the policy will ask for prompt notice.
- Check your declarations page for UM, medical payments, and collision.
- If suing, an action can be filed against “John Doe” and served on the UM carrier, § 33-7-11(d).
The other driver. Fleeing is itself a crime. Under § 40-6-270(b), leaving after a crash causing death or serious injury is a felony with one to five years. A lesser injury or vehicle damage is a misdemeanor under (c). If the driver is later found, § 33-7-11(f) lets the person pursue them, with repayment to the insurer for what it paid.
Deadlines. Two years under § 9-3-33, with a possible pause under § 9-3-99 while a prosecution is pending. An unsolved case may never trigger that pause, so the two-year date is the safer planning date. Keep video and witness details, since businesses near the scene may overwrite footage quickly.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.