You just discovered the driver who hit you has no insurance. Your medical bills are accruing, and your car is totaled. In Georgia, this is a legal hurdle, but it is not a dead end.
Understanding your rights is the first step toward seeking the reasonable value of compensation for your medical bills and property damage.
Can your own insurance cover the damages?
Your primary source of recovery is likely your Uninsured Motorist (UM) coverage. Georgia law requires insurers to offer this protection. If you have “add-on” coverage, your limits stack on top of any available liability funds.
If you have “reduced” (or “difference-in-limits”) coverage, your policy only pays the difference between your limits and the at-fault driver’s coverage.
This applies to hit-and-run accidents if physical contact occurred or a witness other than the claimant can verify the facts pursuant to Georgia statutes.
How have Georgia commercial laws changed recently?
If a commercial truck hit you, the rules changed significantly following the passage of Senate Bill 426. For accidents occurring after July 1, 2024, you may only name the insurance company as a defendant if the motor carrier is insolvent, bankrupt or if you cannot effect personal service after reasonable diligence on the driver.
In 2026, Georgia courts are strictly interpreting this “service” requirement, making these cases more complex to litigate.
How much time do you have to file?
Georgia law generally provides a two-year window for personal injury claims and four years for property damage. If you miss these dates, you lose your right to recover. Note: Under Georgia law, this limit may be “tolled” (paused) while a criminal or traffic charge against the other driver is pending.
Be careful: if the at-fault driver worked for a city, you must provide written notice within six months. For county or state targets, you have 12 months.
What are the hidden financial traps in 2026?
A settlement is not pure profit. You may face medical liens or subrogation claims where your health insurer demands reimbursement. Crucially, under the Georgia Tort Reform Act of 2025 (SB 68), juries can now consider evidence of seat belt non-use to potentially reduce your compensation through comparative fault.
Furthermore, as of January 1, 2026, any third-party litigation funding agreements used to cover your costs are now discoverable by the defense, and juries must focus on the “actual amounts paid” for medical care rather than inflated billed amounts.
Before signing any documents, ensure you use a limited liability release. This allows you to settle with one party without losing your right to collect from your own UM carrier.