Wrongly Accused of a Hit-and-Run in Georgia? Here’s What You Should Know

Imagine this scenario: You’re pulling out of your driveway or leaving a parking lot in Atlanta. Later, someone claims you hit their vehicle and left the scene.

You know you didn’t.

But now their insurance company is calling, asking questions, and hinting at liability.

Can they really come after you?
Does it matter if there’s no police report?
What happens if you don’t currently have insurance?

In Georgia, accusations like this can escalate quickly, even when there’s little or no evidence. Before panic sets in, it’s important to understand how these claims are evaluated, what the other party must prove, and how to protect yourself if you’re being blamed for damage you didn’t cause.

Speak With an Atlanta Car Accident Lawyer Today

If you’re being accused of a hit-and-run, or dealing with an insurance company that’s pressuring you, don’t guess your way through it.

Get clarity.

Call 888-PERAZZO for a FREE initial consultation, available 24/7.

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At The Perazzo Law Firm, we’ll review your situation, explain your options, and help you understand the next best step, before a small issue turns into a bigger legal problem.

Can Someone File an Insurance Claim Without a Police Report in Georgia?

A common question asked the wrongly accused of hit & run accident is whether or not someone can file suit against you, and the answer is, “Yes, they can”.

A police report is helpful, but it is not legally required for someone to file an insurance claim in Georgia. Insurance companies can open an investigation based on statements, photos, and alleged vehicle damage.

However, documentation matters. If law enforcement inspected both vehicles and determined the damage didn’t align, that significantly strengthens your defense. Likewise, if no official crash report exists, the accusing party has weaker leverage.

Insurance companies rely on evidence, and without clear documentation, proving liability becomes more difficult.

If you’re unsure how to respond, consulting an Atlanta accident lawyer can help you understand your exposure and protect your driving record.

What If You Truly Didn’t Hit Them?

If you genuinely did not cause the damage, the burden is on them to prove fault.

Insurance companies must show that:

• Physical damage aligns between both vehicles
• Paint transfer or dent patterns match
• The height and angle of impact are consistent
• Witness statements support their version of events

Vehicle inspections can be critical. If your car shows no signs of contact, or the damage patterns don’t match, that weakens their claim.

Georgia follows a modified comparative negligence system. If a case ever reaches court, the other party must prove you were at least partially responsible, and they cannot recover damages if they are found 50% or more at fault.

You are not automatically liable simply because someone says you are.

You Don’t Have Insurance — Now What?

Georgia law requires drivers to carry minimum liability insurance. Driving without insurance can result in license suspension, fines, and reinstatement fees.

However, lack of insurance is separate from whether you caused the accident.

Even if you are uninsured, they must still prove:

• You made contact
• You caused damage
• Their damage matches your vehicle

That said, uninsured drivers face increased personal risk. If sued and found liable, you could be personally responsible for damages. DMV penalties are administrative, but civil liability is a separate legal issue.

The key takeaway: being uninsured does not automatically make you at fault, but it increases financial exposure.

Should You Talk to Their Insurance Company?

You are not required to give the other party’s insurance company a recorded statement.

It is reasonable to:

• Decline a recorded statement
• Request communication in writing
• Ask for evidence supporting the claim

Insurance adjusters are trained to:

• Secure admissions
• Lock in inconsistent statements
• Shift partial blame

Even casual comments can later be framed as admissions. Proceed carefully.

What About Threats?

Threats do not equal legal liability.

If the other party threatens to “press charges” or “call their lawyer,” that does not mean they have evidence. If threats escalate, document everything — texts, emails, voicemails.

Harassment can become a separate issue if it crosses legal lines.

Can They Sue You in Georgia?

Yes. Anyone can file a lawsuit.

But filing a case is different from winning one.

They must prove:

• You made contact with their vehicle
• You caused the damage
• The damage matches your vehicle physically

If there is no police report, no physical evidence, and no matching damage, the case becomes significantly weaker.

If you receive formal legal paperwork, consult an Atlanta car accident lawyer immediately to assess the strength of the claim and protect your interests.

When to Contact an Atlanta Car Accident Lawyer

You may want to speak with an attorney if:

• You receive a formal demand letter – A demand letter usually signals that the other party is formally seeking payment and may be preparing to escalate the matter if you do not respond.
• You are officially served with a lawsuit – Being served means legal action has begun, and you now have strict deadlines to respond or risk a default judgment against you.
• Their insurer claims you admitted fault – If an insurance company asserts that you made statements accepting responsibility, that allegation can significantly impact your defense and should be addressed immediately.
• There is actual court paperwork involved – Any summons, complaint, or court notice requires prompt attention, as failing to act within the required timeframe can limit your ability to contest the claim.

False accusations can escalate quickly if handled incorrectly. Early legal guidance can prevent minor disputes from turning into larger financial problems.

If you’re facing a hit-and-run accusation in Atlanta or anywhere in Georgia, understanding your rights under state law is the first step toward protecting yourself and your future.