Legal Question in Traffic Law in Georgia

Hit and Run accident

I was in a car accident. The other driver of the vehicle forced me into the median wall. The person left the scene when the police came. My vehicle is un repairable based on my insurance claim. The vehicle that hit me was not driven by the person the car was registerd to. Another person was driving the vehicle. The person the car is registered to has insurance. The owner of the vehicle claims they did not give the driver permission to drive the car and will not pay for my vehicle. I am out of a vehicle and the money for a car I had less than a year and still have payments on. I need to know what can I do to get the money for my car, downpayment and bring criminal charges if I need to?


Asked on 11/29/05, 8:32 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Hit and Run accident

You can, contrary to another post to you, attempt to bring criminal charges (although it would be far smarter to try and get police to pursue the case). Go to the county magistrate court, or, if in city limits, the city court, and seek a warrant. If you are doing this without the police, in some areas you will have a lot of resistance and the Judge may steer you back to the police, or will hold a preissuance hearing.

Your post is why EVERYONE needs uninsured motorist coverage. Assuming you have it, ignore the criminal aspect and simply make your claim with your own insurer who will take care of things.

If the other driver has assets, and you didn't buy the important insurance coverage, you might sue him in small claims court.

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Answered on 11/30/05, 11:36 pm
Billy Tomlinson Tomlinson & Associates, LLC

Re: Hit and Run accident

You can not bring criminal charges. That is the duty of the officer or prosecutor. The most you could do is call the prosecutor. Repost the other part of your question under tort law and someone can answer that portion of it.

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Answered on 11/29/05, 8:37 pm


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