What Is a Hit & Run Accident Case?

Victim of a hit and run in Georgia or South Carolina? Our attorneys help you recover compensation through uninsured motorist coverage and investigative resources.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Hit & Run Accident Claims in Georgia & South Carolina

Being the victim of a hit and run accident is a frightening and frustrating experience. The at-fault driver has fled the scene, leaving you injured, confused, and uncertain about how to pay for your medical bills and vehicle damage. According to the AAA Foundation for Traffic Safety, hit and run crashes account for approximately 24% of all pedestrian fatalities and have been increasing steadily over the past decade.

At Roden Law, our hit and run accident lawyers help victims across Georgia and South Carolina recover compensation — even when the at-fault driver is never identified. Through uninsured motorist coverage, thorough investigation, and aggressive legal advocacy, we work to ensure that hit and run victims are not left bearing the financial burden of someone else’s reckless and criminal behavior.

Hit & Run Laws in Georgia and South Carolina

Leaving the scene of an accident is a crime in both states. Georgia law (O.C.G.A. § 40-6-270) requires drivers involved in accidents resulting in injury or death to stop, render aid, and provide identification. Violations carry criminal penalties including fines and imprisonment. South Carolina law (S.C. Code § 56-5-1210) similarly requires drivers to stop, provide information, and render reasonable assistance. Leaving the scene of an accident resulting in death is a felony in both states.

Recovering Compensation After a Hit & Run

When the at-fault driver flees, your own insurance policy becomes the primary source of recovery. The key coverage types include:

  • Uninsured Motorist (UM) Coverage: This covers your injuries when the at-fault driver is unidentified. Georgia requires insurers to offer UM coverage, while South Carolina requires it by default (you must affirmatively reject it in writing).
  • Medical Payments (MedPay) Coverage: Pays your medical bills regardless of fault, up to the policy limit.
  • Collision Coverage: Covers damage to your vehicle after the deductible.

In cases where the hit and run driver is later identified, you can also pursue a claim directly against the driver and their insurance.

How We Investigate Hit & Run Cases

Our attorneys work alongside law enforcement and private investigators to identify hit and run drivers. Our investigative tools include reviewing traffic and surveillance cameras in the area, analyzing debris and paint transfer evidence, canvassing for witnesses, working with law enforcement to obtain dispatch records, and examining nearby businesses’ security camera footage. Even partial information — a vehicle description, license plate fragment, or witness sighting — can lead to identification of the at-fault driver.

Steps to Take After a Hit & Run

If you are the victim of a hit and run, take these steps immediately: call 911 and report the accident, note any details about the fleeing vehicle (color, make, model, license plate, direction of travel), look for witnesses and ask for their contact information, photograph the scene including damage to your vehicle and any debris left by the fleeing driver, seek medical attention immediately, and contact a hit and run attorney before filing an insurance claim.

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What to Do After A hit & run accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Hit & Run Accident Case

To win a personal injury case involving a hit & run accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Hit & Run Accident Cases

Victims of a hit & run accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Hit & Run Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Hit & Run Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Hit & Run Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.