# What Damages Can You Recover in a Hit and Run Claim? **Table of Contents***[*Expand*]* 1. Types of Damages You May Recover in a Georgia Hit and Run Accident Claim 2. How Do You Obtain Compensation for a Hit and Run in Georgia? 3. How Long Do You Have to File a Hit and Run Accident Claim in Georgia? 4. What If I Was Partially At Fault? 5. What If Your Insurance Company Offers a Settlement? 6. Talk to a Hit and Run Accident Lawyer Today You may be able to recover economic and non-economic damages from a hit and run accident claim in Georgia, depending on the type of insurance coverage you have and whether the other driver is found. Even if a driver flees after hitting you, you may recover compensation. An [Atlanta hit and run accident lawyer](https://www.vansantlaw.com/atlanta-ga/car-accident-lawyer/hit-and-run/) from Van Sant Law can calculate your damages, identify all applicable insurance policies, and help you pursue a fair payment. ## Types of Damages You May Recover in a Georgia Hit and Run Accident Claim The damages available to you after a Georgia hit and run accident depend on the specific losses you suffer, available insurance coverage, and whether law enforcement is able to locate the driver who hit you. Generally, whether you file a personal injury claim against the at-fault driver or an uninsured motorist (UM) claim with your insurance company, you can pursue both economic and non-economic damages, such as: - **Medical expenses**: You may recover the cost of emergency treatment, hospital stays, surgeries, doctor visits, diagnostic testing, prescription medications, physical therapy, rehabilitation, and other accident-related medical care. - **Future medical expenses**: If your injuries require ongoing treatment or rehabilitation, you can seek compensation for reasonably anticipated future medical expenses. - **Lost wages**: If your injuries prevented you from working, you may be entitled to compensation for income you lost while recovering. - **Loss of future earning capacity**: If your injuries permanently affect your ability to work or earn the same income, you can seek compensation for diminished future earning capacity. - **Pain and suffering**: You may recover damages for physical pain, discomfort, and suffering caused by the accident and your injuries. - **Emotional distress**: You can seek damages for anxiety, emotional trauma, and any other psychological effects of the crash. - **Disfigurement and scarring**: You may receive additional compensation if you sustain permanent scars, burns, amputations, or other changes to your appearance. - **Loss of enjoyment of life**: If your injuries prevent you from participating in hobbies, recreational activities, family activities, or other aspects of your previous lifestyle, you may be entitled to additional damages. - **Property damage**: You may recover the cost of repairing or replacing your vehicle and other personal property. ### Can You Recover Punitive Damages? You generally cannot recover punitive damages for a hit and run in Georgia unless the hit and run driver is found and you pursue a personal injury claim against them. If the driver remains unidentified, you may still be able to recover compensatory damages through your own uninsured motorist coverage, but punitive damages will not be available. To win punitive damages in a Georgia personal injury lawsuit, you must prove that the defendant acted with malice, fraud, wantonness, oppression, or a conscious indifference to the consequences of their actions. For example, evidence that they knowingly caused a collision and deliberately fled the scene could potentially support an argument for punitive damages. A hit and run accident attorney from Van Sant Law can evaluate your case and explain whether you may qualify for punitive damages. For a free legal consultation, call [770-886-9199](tel:+17708869199) ## How Do You Obtain Compensation for a Hit and Run in Georgia? How you pursue compensation after a hit and run in Georgia depends largely on whether the [Atlanta police](https://www.atlantaga.gov/government/departments/police) or another law enforcement agency is able to identify the driver. Here’s how it breaks down: ### If the Driver Is Found If law enforcement identifies the hit and run driver, you can file a claim against their auto insurance policy to request payment for medical bills, lost wages, property damage, and other losses. You can also tap into your own uninsured or underinsured motorist coverage if the other driver’s doesn’t cover all of your losses. If that person’s insurance company denies liability or refuses to offer a fair settlement, you can bring a personal injury lawsuit against them. To win compensation through litigation, you must prove that the defendant’s negligence caused the accident and resulted in your injuries. ### If the Driver Is Never Found If the hit and run driver cannot be identified, you may still be able to obtain compensation for medical bills, lost wages, pain and suffering, and property damage through your own uninsured motorist coverage. You will generally need to provide evidence establishing that an unidentified vehicle caused the accident. ## How Long Do You Have to File a Hit and Run Accident Claim in Georgia? You should notify your insurance company as soon as possible [after a hit and run accident in Atlanta](https://www.vansantlaw.com/faqs/what-to-do-after-a-hit-and-run-accident-in-atlanta/) or anywhere else in Georgia. Your auto insurance policy will likely require prompt notice of the accident and may dispute or even deny your claim if you wait too long to file one. If the hit and run driver is found and you decide to sue, Georgia law generally gives you two years from the date of the crash to bring a personal injury lawsuit and four years to sue for property damage. However, a different deadline may apply in certain scenarios, such as if the defendant leaves the state or tries to conceal their involvement in the accident. Failing to file before the applicable statute of limitations expires can result in you losing the right to recover damages. A car accident lawyer from Van Sant Law can help make sure that doesn’t happen. [Click to contact](https://www.vansantlaw.com/contact-us/) our personal injury lawyers today ## What If I Was Partially At Fault? Georgia enforces a modified comparative negligence rule, which means you can only recover damages in a car accident case if you are less than 50% at fault for the crash. [If you were partially at fault for a car accident in Georgia](https://www.vansantlaw.com/faqs/what-if-i-was-partially-at-fault-for-the-car-accident-in-georgia/), your compensation will be reduced according to your percentage of fault. For example, if you suffer $150,000 in damages after a hit and run and are found to be 20% at fault, your total award would be $120,000. If the insurance company tries to shift blame for the crash to you, a car accident attorney from Van Sant Law can help collect evidence that proves you were not at fault. Complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) now ## What If Your Insurance Company Offers a Settlement? While it may be tempting to accept the first settlement offer from the insurance company, you should not agree to anything until you consult a lawyer. The initial offer may not account for future medical expenses, lost earning capacity, or other losses, and if you accept it, you likely will not be able to seek more compensation later. A personal injury lawyer from Van Sant Law can review your settlement offer, determine whether it is fair, and negotiate with insurance companies on your behalf. ## Talk to a Hit and Run Accident Lawyer Today Determining the value of your hit and run claim can be difficult. If you intend to file a claim, a hit and run accident attorney from Van Sant Law can calculate your damages, handle settlement negotiations, and help you pursue a settlement that covers all of your losses. Book a free consultation to find out what damages you can recover from a hit and run accident claim in Georgia. Call or text [770-886-9199](tel:+17708869199) or complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) --- Source: https://www.vansantlaw.com/faqs/what-damages-can-i-recover-from-a-hit-and-run-accident-claim-in-georgia/