Answer: In Georgia, the thief is legally responsible for damage caused by a stolen vehicle. However, practical reality is more complex. Under Georgia case law, including the recent Supreme Court decision in Johnson v. Avis (2021), car owners are rarely held liable when a thief steals their vehicle, even if keys were left accessible. The thief’s criminal act is typically considered a superseding cause. If you’re the victim hit by a stolen car, your uninsured motorist coverage (which insurers must offer under O.C.G.A. § 33-7-11) may provide compensation, depending on your policy terms and whether you purchased this coverage. Third parties like valet services, parking garages, or repair shops may also be liable if their negligence allowed the theft.
Critical deadlines: Georgia’s statute of limitations is 2 years for personal injury claims (O.C.G.A. § 9-3-33) and 4 years for property damage claims (O.C.G.A. § 9-3-32).
Georgia Stolen Car Liability: Quick Facts
Owner Liability Standard: Negligent entrustment (case law: Gunn v. Booker)
When Owner MAY Be Liable: Knowingly entrusted vehicle to incompetent/unlicensed driver; had actual prior knowledge specific person would take vehicle; left vehicle accessible knowing someone would likely take it
When Owner Usually NOT Liable: Properly secured vehicle; simply left keys in car with no prior knowledge of specific risk (thief = superseding cause per Johnson v. Avis (2021), Williams v. Britton, Dunham v. Wade)
Insurance That Covers Stolen Car (Owner): Comprehensive coverage only
Insurance That Covers You If Hit: Uninsured/Underinsured Motorist (O.C.G.A. § 33-7-11) if you purchased this coverage
UM in Georgia: Must be offered by insurers; may be rejected in writing. If purchased, typical minimum limits are 25/50/25; may be “add-on” (excess) or “reduced-by” (offset) coverage—check your specific policy
Hit-and-Run UM Requirement: Actual physical contact or independent eyewitness corroboration per O.C.G.A. § 33-7-11(b)(2) (applies only when driver/vehicle cannot be identified)
State Police Immunity: Georgia Tort Claims Act (§ 50-21-26 notice; § 50-21-29 caps); $1M cap; 12-month ante litem
City Police: § 36-33-5 6-month ante litem; § 36-92-2 $500k/$700k/$50k cap (applies regardless of actual insurance limits)
County Sheriff: § 36-11-1 12-month ante litem; § 36-92-2 $500k/$700k/$50k cap (applies regardless of actual insurance limits)
Statute of Limitations: 2 years for injury (O.C.G.A. § 9-3-33); 4 years for property damage (O.C.G.A. § 9-3-32)
Comparative Negligence: Must be less than 50% at fault to recover (O.C.G.A. § 51-12-33)
IMPORTANT LEGAL NOTICE: This article provides general educational information about Georgia law regarding stolen vehicle liability. It is not legal advice for your specific case. Every stolen car accident depends on unique facts, available evidence, and applicable law. Outcomes vary significantly based on individual circumstances. Nothing in this article guarantees any result or creates an attorney-client relationship. For advice about your specific situation, consult a licensed Georgia personal injury attorney.
When Car Owners MAY Be Liable for Stolen Vehicle Damage in Georgia
Most people assume car owners bear no responsibility when a thief steals their vehicle and causes an accident. In Georgia, that assumption is generally correct in the vast majority of cases. However, narrow exceptions exist where courts have found owner liability.
Georgia’s Negligent Entrustment Doctrine
Under Georgia case law established in Gunn v. Booker, 259 Ga. 343 (1989), vehicle owners can be held liable for negligent entrustment when they knowingly entrust their vehicle to an incompetent, reckless, or unlicensed driver. The owner must have actual knowledge of the driver’s incompetence; constructive knowledge (“should have known”) is not sufficient.
Elements required to prove negligent entrustment:
- Owner entrusted vehicle to another person
- Owner had actual knowledge (not “should have known”) that person was incompetent, reckless, or unlicensed
- That person’s driving caused injury or damage
- Proximate causation between the entrustment and the injury
How this applies to theft cases: Georgia courts, including the Georgia Supreme Court in Johnson v. Avis (2021), have consistently held that simply leaving keys in a vehicle does not create negligent entrustment liability when a thief steals the car. The thief’s criminal act is typically considered a superseding cause that breaks the chain of causation (Johnson v. Avis, 310 Ga. 123 (2021); Williams v. Britton, 227 Ga. App. 677 (1997); Dunham v. Wade, 168 Ga. App. 750 (1984)).
The Exception: Prior Actual Knowledge of Specific Risk
Owner liability may exist when the owner had actual prior knowledge that a specific individual was likely to take the vehicle without permission, and the owner still left the vehicle accessible to that person (Roach v. Dozier, 99 Ga. App. 257 (1958)).
Critical distinction: The owner must have actually known (not “should have known”) about the specific risk posed by a specific person.
Example where liability may be found: Your teenage son has twice before taken your car without permission for “joyrides.” You leave your keys on the kitchen counter knowing he’s home and likely to take the car again. He takes it without asking, crashes into another vehicle. You may be held liable because you had actual prior knowledge he would take the vehicle and you facilitated access (Roach v. Dozier).
Example where liability typically does NOT exist: You run into a convenience store in Macon, leaving your car running with keys in the ignition. A stranger jumps in and drives off, crashing into another vehicle on Gray Highway. Under current Georgia law (Johnson v. Avis, Williams v. Britton), you typically have no liability because the thief’s criminal act is a superseding cause and you had no actual prior knowledge this specific person would steal your car.
Important: Whether leaving keys accessible creates liability depends on the specific facts of each case, including what the owner actually knew about the specific risk. Courts evaluate factors like prior incidents with specific individuals, not general crime rates or theoretical risks.
True Negligent Entrustment Scenarios
Lent Car to Unlicensed Driver: You knowingly lend your car to a friend whose license is suspended. That friend crashes your car, injuring someone. You will likely be held liable under negligent entrustment because you had actual knowledge your friend was unlicensed (Gunn v. Booker).
Lent Car to Habitually Reckless Driver: You lend your vehicle to someone you know has caused multiple prior accidents due to reckless driving. They cause another crash. You may be liable because you had actual knowledge of their dangerous driving history.
Lent Car to Intoxicated Person: You give your keys to someone you know is intoxicated. They cause a crash. You will likely be liable under negligent entrustment.
When Georgia Owners Are Usually NOT Liable
Properly Secured Vehicle: You park your car in your locked garage at home in Warner Robins, remove the keys, and lock all doors. Someone breaks into your garage and hot-wires your vehicle. You typically have no liability.
Keys Left in Locked Car: You park at Atrium Health Navicent, leave keys on the seat, and lock the doors. A thief breaks the window, takes the keys, and crashes the car. Under Georgia law (Dunham v. Wade, Johnson v. Avis), you generally have no liability. The thief’s criminal act is typically considered a superseding cause.
Stolen from Public Lot: Your car is parked on the street outside your Milledgeville home, locked, with keys inside your house. A thief breaks a window and hot-wires the ignition. You typically bear no liability because the thief’s criminal act is a superseding cause.
Keys Left in Ignition Briefly: You leave your car running for 30 seconds while you retrieve something from your house. A thief jumps in and drives off. Under Georgia case law (Johnson v. Avis, Williams v. Britton), you typically have no liability unless you had actual prior knowledge a specific person was likely to take your vehicle.
Insurance Coverage for Stolen Car Damage in Georgia
If YOUR Car Was Stolen and Damaged
Comprehensive Coverage: This is the ONLY auto insurance that covers theft and damage to your stolen vehicle. Comprehensive pays for the actual cash value of your car (current market value minus depreciation) if it’s stolen and not recovered, or pays for repairs if it’s recovered damaged.
Important: Review your specific policy terms, as coverage details, deductibles, and exclusions vary by insurer.
Collision Coverage: Does NOT cover theft. Collision only covers damage when YOU are driving and hit something or are hit by another vehicle. However, collision may pay for damage to your vehicle if a stolen car hits you, subject to your deductible.
Liability Coverage: Does NOT cover your stolen vehicle or damage the thief causes. Liability only covers damage YOU cause while driving. Under Georgia law, all drivers must carry minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage (25/50/25).
If a Stolen Car Hit YOU
Uninsured Motorist (UM) Coverage: This is your primary protection in Georgia when a stolen car hits you if you have purchased this coverage. A thief is considered an “uninsured motorist” because they don’t have permission to drive the vehicle and aren’t covered by the owner’s insurance.
Georgia Law on UM Coverage: Under O.C.G.A. § 33-7-11(a)(1), every auto insurance company in Georgia must offer you uninsured/underinsured motorist coverage. You can reject it, but only in writing.
Important: UM coverage is NOT automatic. You must purchase it. Many Georgia drivers reject UM coverage to save money, not realizing they’ll have no protection if hit by an uninsured or stolen vehicle.
If you purchase UM coverage: Typical minimum UM limits in Georgia are 25/50/25 (matching liability minimums), but you may elect higher limits. Check your specific policy to confirm your coverage amounts and terms.
Critical distinction in UM coverage types: Georgia allows two types of UM coverage under O.C.G.A. § 33-7-11(b)(1)(D)(ii):
- “Add-on” (excess) coverage: Pays your UM limits in addition to any recovery from the at-fault party
- “Reduced-by” (offset) coverage: Reduces your UM payment by any amount recovered from the at-fault party
Check your policy documents to understand which type you have, as this significantly affects total recovery.
How UM claims work: You file a claim with your own insurance company. Your insurer may pay your medical bills, lost wages, pain and suffering, and property damage (up to your policy limits and subject to your policy terms and coverage type).
Important Limitation for Hit-and-Run Claims: Under O.C.G.A. § 33-7-11(b)(2), if the driver and vehicle cannot be identified (unknown/phantom vehicle hit-and-run), your UM claim requires either:
- Actual physical contact between the hit-and-run vehicle and your vehicle or another object, OR
- Independent eyewitness testimony corroborating your account of the accident
Important clarification: This contact/eyewitness requirement applies only when the driver or vehicle cannot be identified. If the driver or vehicle is identified (such as when you have a license plate number or the driver is caught), the contact/eyewitness requirement does not apply.
Without physical contact or an eyewitness in an unidentified driver case, your UM carrier can deny your hit-and-run claim even if you have UM coverage.
If you don’t have UM coverage: You’ll be responsible for your own medical bills, lost wages, and vehicle damage unless you can successfully sue the thief, the owner (if negligent entrustment applies), or a negligent third party.
Georgia Insurance Coverage Comparison
| Insurance Type | Covers What | Required in GA? | Stolen Car Scenario |
|---|---|---|---|
| Comprehensive | Your stolen/damaged car | No (optional) | Pays for theft damage to YOUR car (check policy terms) |
| Collision | Your vehicle damage (regardless of fault) | No (lender-required if financed) | May cover your vehicle if stolen car hits you (minus deductible); does NOT cover bodily injury |
| Liability | Damage YOU cause to others | Yes (25/50/25 minimum) | Doesn’t help with theft at all |
| Uninsured Motorist | When uninsured driver hits you | Must be offered; not automatic—you must purchase | Primary coverage if stolen car hits YOU (check if “add-on” or “reduced-by”; contact/witness required only for unidentified driver cases) |
If a Stolen Car Hit You in Georgia: Your Legal Options
Option 1: File Uninsured Motorist Claim (If You Have Coverage)
Important: This option only works if you purchased UM coverage when you bought your insurance policy.
Process:
- Report accident to police immediately
- Get police report documenting the incident (note if driver/vehicle identified)
- If driver/vehicle cannot be identified: Document physical contact (photograph damage showing point of impact) OR get eyewitness contact information
- If driver/vehicle is identified: Contact/witness requirement does NOT apply
- Notify your insurance company within 24 to 48 hours (check your policy for specific deadlines)
- Submit UM claim with medical records, repair estimates, police report
- Insurance company investigates and makes offer
Timeline: Most UM claims resolve in 30 to 90 days if liability is clear and coverage exists.
Pros: Faster than suing, doesn’t require finding the thief, your own insurance handles everything.
Cons: Only works if you purchased UM coverage; limited to your UM policy limits; must meet contact/witness requirement for unidentified driver hit-and-run; payment depends on whether you have “add-on” or “reduced-by” coverage; subject to all policy terms and conditions.
Option 2: Sue the Car Owner (Rarely Successful)
When this works: You can prove the owner knowingly entrusted the vehicle to an incompetent, reckless, or unlicensed driver, or had actual prior knowledge that a specific person was likely to take the vehicle without permission (Roach v. Dozier).
Burden of proof: You must show:
- Owner entrusted vehicle to someone (or made it available with actual knowledge of specific risk)
- Owner had actual knowledge (not just “should have known”) this was dangerous
- That entrustment or failure to secure caused your injuries
Important: Under current Georgia law (Johnson v. Avis (2021), Williams v. Britton, Dunham v. Wade), simply proving the owner left keys in the car is generally not sufficient. The Georgia Supreme Court has consistently held that the thief’s criminal act is typically a superseding cause that breaks the chain of causation. Success depends heavily on proving actual prior knowledge of a specific risk, not general negligence.
Option 3: Sue Third Parties (Valet, Garage, Repair Shop)
Valet Services: If a valet service left keys accessible or failed to secure the vehicle properly, you may be able to sue for negligent bailment. Success depends on proving the valet breached their duty of care and this breach caused or contributed to the theft. Exculpatory signs (“not responsible for theft”) do not automatically defeat liability if actual negligence occurred.
Important: Each case depends on specific facts including the valet’s security procedures, industry standards, contract terms, and whether the valet’s actions fell below the standard of reasonable care.
Parking Garages: Garages have a duty to provide reasonable security. If a car is stolen due to inadequate security (no attendant, broken gates, no cameras), the garage may be liable, depending on what level of security was promised and what is considered reasonable under the circumstances.
Repair Shops: Shops that keep customer vehicles and keys must secure them reasonably. If a car is stolen from a repair shop lot due to negligence, the shop may be liable, but success depends on proving the shop’s security measures fell below reasonable industry standards.
Police Chase Accidents and Government Immunity in Georgia
Different Rules for State vs. Local Police
Georgia law provides different immunity protections and procedural requirements depending on which government entity is involved in the police chase.
State Police (Georgia State Patrol, GBI, etc.):
- Covered by Georgia Tort Claims Act (O.C.G.A. §§ 50-21-23 to 50-21-29)
- Ante litem notice: 12 months from injury (§ 50-21-26)
- Liability cap: $1,000,000 per occurrence (§ 50-21-29)
- Notice must be sent to Georgia Attorney General
City Police (Macon-Bibb, Warner Robins, Milledgeville, etc.):
- Ante litem notice: 6 months (O.C.G.A. § 36-33-5)
- Motor vehicle liability cap: $500,000 per person / $700,000 per occurrence / $50,000 property damage (O.C.G.A. § 36-92-2)
- Notice must be sent to city clerk or mayor
County Sheriff (Bibb County, Houston County, etc.):
- Ante litem notice: 12 months (O.C.G.A. § 36-11-1)
- Motor vehicle liability cap: $500,000 per person / $700,000 per occurrence / $50,000 property damage (O.C.G.A. § 36-92-2)
- Notice must be sent to county governing authority
Critical: The caps under § 36-92-2 apply regardless of the government entity’s actual insurance policy limits. Even if the city or county carries insurance with higher limits, these statutory caps serve as the maximum recovery for motor vehicle claims.
When Police MAY Lose Immunity
Police pursuit immunity may be overcome if officers violated O.C.G.A. § 40-6-6(d)(1), which requires authorized emergency vehicles to drive with “due regard for the safety of all persons.”
Examples where immunity may not apply:
- Officers pursue minor, non-violent offense through crowded area at extreme speeds
- Officers fail to activate lights and sirens as required by law
- Officers continue pursuit after supervisor orders termination
- Officers act with “reckless disregard” beyond what reasonable pursuit requires
Important: You must prove officers acted with willful misconduct or reckless disregard for safety, not merely negligence. This is an extremely high bar.
Practical Reality: Recovery in police pursuit cases is extremely rare due to sovereign immunity protections, the difficulty of proving reckless disregard, discretionary function doctrine, and proximate cause issues. Most claims are dismissed on immunity grounds before reaching the merits.
Government Liability Comparison Table
| Entity | Ante Litem Deadline | Liability Cap (Motor Vehicle) | Governing Law |
|---|---|---|---|
| State agencies (GSP, GBI) | 12 months | $1,000,000 per occurrence | §§ 50-21-26, 50-21-29 |
| Cities (Macon, Warner Robins) | 6 months | $500k person / $700k occurrence / $50k property (regardless of actual insurance) | §§ 36-33-5, 36-92-2 |
| Counties (Bibb, Houston) | 12 months | $500k person / $700k occurrence / $50k property (regardless of actual insurance) | §§ 36-11-1, 36-92-2 |
Critical: Missing the ante litem notice deadline bars your claim forever, even if you’re within the statute of limitations.
What to Do Immediately After a Stolen Car Accident in Georgia
Step 1: Call 911 and Report (Immediate)
If your car was stolen: Report the theft immediately to local police. Provide vehicle description, license plate, VIN, and identifying features. Get the police report number.
If a stolen car hit you: Call 911 to report the accident. Request police and medical assistance.
For hit-and-run: Try to identify the driver/vehicle:
- License plate number (even partial)
- Vehicle make, model, color
- Driver description (if seen)
If driver/vehicle cannot be identified:
- Document physical contact point (photograph all damage showing where vehicles touched)
- Get witness contact information (name and phone number of anyone who saw the accident)
This documentation is critical for meeting O.C.G.A. § 33-7-11(b)(2) requirements if you have UM coverage and the driver cannot be identified.
Step 2: Get Medical Attention (Day 1)
Get checked by a doctor within 24 hours. Some injuries (concussions, internal bleeding, soft tissue damage) have delayed symptoms. Insurance companies use delays in treatment to argue your injuries weren’t serious.
Step 3: Notify Your Insurance Company (24 to 48 Hours)
If your car was stolen: Call your insurance company immediately. Provide the police report number. Check your policy for specific notification deadlines.
If you were hit: Notify your insurance company immediately. Check your policy documents to confirm:
- Whether you have UM coverage
- Whether it’s “add-on” or “reduced-by” coverage
- Your coverage limits
- Notification deadlines (usually 24 to 48 hours)
Step 4: Document Everything (Week 1)
Gather and preserve:
- Police report
- If driver unidentified: Photos showing point of physical contact (critical for hit-and-run UM claims)
- Photos of accident scene
- Medical records and bills
- Witness contact information and written statements (if driver unidentified)
- Your written account of what happened
- Your insurance policy documents (to confirm coverage type and limits)
Step 5: Contact a Georgia Personal Injury Attorney (Week 1)
If you were injured, consult an attorney before accepting any insurance settlement.
Why early consultation matters:
- Ensures you don’t miss Georgia’s statute of limitations (2 years for injury claims under O.C.G.A. § 9-3-33; 4 years for property damage under O.C.G.A. § 9-3-32)
- Ensures ante litem notice requirements are met if government entity involved
- Helps you understand your insurance coverage type (“add-on” vs “reduced-by”) and policy terms
- Identifies all potential sources of compensation
- Protects you from insurance company tactics
Common Mistakes to Avoid in Georgia Stolen Car Cases
Mistake 1: Assuming You’re Always Liable Because You Left Keys in Car
Why this assumption is often wrong: Under current Georgia law, including the Georgia Supreme Court’s decision in Johnson v. Avis (2021), simply leaving keys in your vehicle typically does not create liability when a thief intervenes. The thief’s criminal act is usually a superseding cause (Johnson v. Avis, Williams v. Britton, Dunham v. Wade).
However: Liability may exist if you had actual prior knowledge (not “should have known”) that a specific person was likely to take your vehicle (Roach v. Dozier).
What to do: Consult an attorney before making statements about how your car was secured. Each case depends on its specific facts, particularly what you actually knew about specific risks.
Mistake 2: Assuming You Have UM Coverage Without Checking
Why this is critical: Many Georgia drivers reject UM coverage to save money, not realizing they’ll have no protection if hit by a stolen or uninsured vehicle.
Additional issue: Even if you have UM coverage, you need to know whether it’s “add-on” (excess) or “reduced-by” (offset) coverage under O.C.G.A. § 33-7-11(b)(1)(D)(ii), as this affects total recovery.
What to do: Immediately check your insurance policy documents to confirm:
- Whether you have UM coverage at all
- Whether it’s “add-on” or “reduced-by”
- Your coverage limits
- Any exclusions or conditions
Mistake 3: Failing to Document Hit-and-Run Contact or Witnesses (For Unidentified Drivers)
Why it’s critical: Under O.C.G.A. § 33-7-11(b)(2), when the driver or vehicle cannot be identified, hit-and-run UM claims require physical contact OR independent eyewitness. Without this proof, your UM carrier will deny your claim even if you have coverage.
Important clarification: This requirement applies only when the driver/vehicle cannot be identified. If you have a license plate number or the driver is identified, this requirement does not apply.
What to do for unidentified driver cases:
- Photograph all damage showing where vehicles made contact
- Get eyewitness names and contact information immediately
- Note contact in police report
- Get written witness statements if possible
Mistake 4: Missing Critical Deadlines
Georgia’s statute of limitations is absolute:
- 2 years for personal injury claims (O.C.G.A. § 9-3-33)
- 4 years for property damage claims (O.C.G.A. § 9-3-32)
Since most stolen car accident cases involve personal injuries, the 2-year deadline is typically the critical one. Missing either deadline bars that portion of your claim forever.
Additional critical deadlines:
- State entities: 12 months ante litem (§ 50-21-26)
- Cities: 6 months ante litem (§ 36-33-5)
- Counties: 12 months ante litem (§ 36-11-1)
- Insurance claims: 24 to 48 hours notification (varies by policy—check your specific policy)
Practical tip: Evidence deteriorates quickly. Don’t wait months to take action. Consult an attorney within days, not weeks or months.
Mistake 5: Accepting First Settlement Offer
Insurance companies often make lowball offers (30 to 50% of actual value) before you know the full extent of your injuries, understand your policy coverage type (“add-on” vs “reduced-by”), or realize all available compensation sources.
Never accept without:
- Reaching maximum medical improvement
- Having attorney review all medical records
- Understanding your policy terms and coverage type
- Identifying all liable parties
- Understanding full claim value (medical bills, lost wages, future treatment, pain and suffering)
Georgia Stolen Car Liability: Who Typically Pays?
| Scenario | Who’s Usually Liable | Georgia Law | Your Best Option |
|---|---|---|---|
| Thief stole properly secured car | Thief only (typically) | Johnson v. Avis (2021), Williams v. Britton, Dunham v. Wade | File UM claim if you have coverage (document contact/witness only if driver unidentified) |
| Owner left keys, stranger stole car | Usually thief only (owner rarely liable) | Johnson v. Avis (2021), Williams v. Britton, Dunham v. Wade | File UM claim if you have coverage; owner claim unlikely to succeed without proof of actual prior knowledge |
| Owner had actual prior knowledge specific person would take vehicle | Owner + thief (possibly) | Roach v. Dozier (1958) | Sue owner under negligent entrustment; file UM claim if you have coverage |
| Owner knowingly lent car to unlicensed/incompetent driver | Owner + driver (likely) | Gunn v. Booker (1989) | Sue owner; file UM claim as backup if you have coverage |
| Valet left keys accessible | Valet company (possibly, depending on facts) | Bailment law + negligence | Sue valet; file UM claim if you have coverage |
| Car stolen from repair shop | Repair shop (possibly, if negligent) | Bailment law + negligence | Sue shop; file UM claim if you have coverage |
| State police chase | Rarely liable (sovereign immunity) | §§ 50-21-23, 50-21-26, 50-21-29 | Extremely difficult; $1M cap; 12-month ante litem; high proof burden |
| City/county police chase | Rarely liable (sovereign immunity) | §§ 36-33-5, 36-92-2 (city); §§ 36-11-1, 36-92-2 (county) | Extremely difficult; statutory caps apply; 6-12 month ante litem; high proof burden |
Important: Every case depends on its specific facts. This table shows general patterns based on Georgia Supreme Court and Court of Appeals precedent, not guaranteed outcomes.
Frequently Asked Questions
Can I be held liable if someone steals my car and causes an accident in Georgia?
Answer: Under Georgia case law, including the recent Georgia Supreme Court decision in Johnson v. Avis (2021), car owners are rarely held liable when a thief steals their vehicle. The Supreme Court held that simply leaving keys in your car typically does not create liability because the thief’s criminal act is usually a superseding cause that breaks the chain of causation (Johnson v. Avis, Williams v. Britton, Dunham v. Wade). However, liability may exist under Gunn v. Booker if you knowingly entrusted your vehicle to an incompetent, reckless, or unlicensed driver (and you had actual knowledge, not “should have known”), or under Roach v. Dozier if you had actual prior knowledge that a specific person was likely to take your vehicle without permission. Each case is evaluated based on its specific facts, particularly what you actually knew about specific risks.
What insurance covers me if a stolen car hits me in Georgia?
Answer: Uninsured motorist (UM) coverage is your primary protection if you purchased this coverage. Under O.C.G.A. § 33-7-11, all insurance companies must offer UM coverage, but you can reject it in writing. UM coverage is not automatic—you must purchase it. If purchased, typical minimum limits in Georgia are 25/50/25 (check your specific policy terms). Important: UM coverage can be “add-on” (excess) or “reduced-by” (offset) under § 33-7-11(b)(1)(D)(ii)—check your policy to understand which type you have. Critical for unidentified driver hit-and-run: Under § 33-7-11(b)(2), only when the driver or vehicle cannot be identified, you must prove actual physical contact OR independent eyewitness corroboration. If the driver or vehicle is identified, this requirement does not apply. Without this proof in unidentified driver cases, your UM carrier can deny your claim even if you have coverage.
Can I sue the owner of a stolen car that hit me in Georgia?
Answer: You can attempt to sue, but success is generally unlikely under current Georgia law. The Georgia Supreme Court in Johnson v. Avis (2021), along with earlier decisions (Williams v. Britton, Dunham v. Wade), has consistently held that owners are rarely liable when a thief steals their vehicle, even if keys were left accessible, because the thief’s criminal act is typically considered a superseding cause. You would need to prove negligent entrustment under Gunn v. Booker (owner knowingly entrusted vehicle to incompetent driver and had actual knowledge, not “should have known”) or Roach v. Dozier (owner had actual prior knowledge that a specific person would take vehicle). Success depends heavily on proving the owner’s actual prior knowledge of a specific risk, not general negligence or theoretical foreseeability. Your UM claim (if you have UM coverage) is almost always more practical.
How long do I have to file a lawsuit in Georgia?
Answer: Georgia’s statute of limitations is 2 years for personal injury claims from the date of injury (O.C.G.A. § 9-3-33) and 4 years for property damage claims from the date of damage (O.C.G.A. § 9-3-32). Since most stolen car accident claims involve personal injury, the 2-year deadline is typically the critical one. Missing either deadline bars that portion of your claim forever. Additional deadlines if suing government: State entities require 12-month ante litem notice (§ 50-21-26); cities require 6-month ante litem (§ 36-33-5); counties require 12-month ante litem (§ 36-11-1). Missing ante litem deadlines bars your claim even if within the statute of limitations. These deadlines are absolute and strictly enforced.
Can I sue the police if a stolen car crashes during a chase in Georgia?
Answer: Extremely difficult. State police: Georgia Tort Claims Act (§§ 50-21-23, 50-21-26, 50-21-29); $1M cap; 12-month ante litem. City police: § 36-33-5 (6-month ante litem); § 36-92-2 ($500k/$700k/$50k caps that apply regardless of actual insurance limits). County sheriff: § 36-11-1 (12-month ante litem); § 36-92-2 (caps regardless of actual insurance). You must prove officers violated § 40-6-6 (“due regard for safety”) or acted with willful misconduct or reckless disregard (not just negligence). This is an extremely high proof burden. Recovery is extremely rare due to sovereign immunity, discretionary function doctrine, high proof standards, and proximate cause issues. Most cases are dismissed on immunity grounds.
What is Georgia’s negligent entrustment law?
Answer: Established in Gunn v. Booker, 259 Ga. 343 (1989), negligent entrustment holds owners liable when they knowingly entrust vehicles to incompetent, reckless, or unlicensed drivers. Key requirement: Owner must have actual knowledge (not “should have known”—constructive knowledge is insufficient). This doctrine rarely applies to theft cases unless the owner had actual prior knowledge a specific person would take the vehicle (Roach v. Dozier). Under the Georgia Supreme Court’s decision in Johnson v. Avis (2021) and earlier cases (Williams v. Britton, Dunham v. Wade), simply leaving keys in a car typically does not create liability when a stranger steals it, because the thief’s criminal act is usually a superseding cause that breaks the chain of causation. Each case depends on its specific facts, particularly what the owner actually knew about specific risks posed by specific individuals.
Contact Our Georgia Personal Injury Attorneys
Stolen Car Accident in Macon or Middle Georgia? We Can Help.
If you’ve been injured by a stolen vehicle, or if someone is trying to hold you liable for a stolen car accident, contact Adams, Jordan & Herrington for experienced legal representation.
Call Adams, Jordan & Herrington: (478) 999-8113
Address: 915 Hill Park, Macon, GA 31201
We serve: Macon, Milledgeville, Warner Robins, Gray, Forsyth, Perry, Byron (Bibb, Baldwin, Houston, Jones, Monroe, Peach Counties)
Free consultation. Contingency fee basis. No upfront costs.
In Your Free Consultation, We Will:
- Review the police report and accident details
- Explain your rights under current Georgia law (Johnson v. Avis (2021), Gunn v. Booker, Williams v. Britton, Roach v. Dozier)
- Analyze the specific facts of your case to determine likelihood of owner liability based on actual knowledge standards
- Review your insurance policy to confirm UM coverage, coverage type (“add-on” vs “reduced-by”), and policy terms
- Identify all potential sources of compensation
- Advise you on dealing with insurance companies and meeting critical deadlines
- Evaluate whether ante litem notice is required (if government entity involved)
- Calculate the full value of your claim based on your specific circumstances and coverage type
- Answer all your questions about the legal process
Don’t let Georgia’s statute of limitations or short ante litem notice deadlines expire. Call today.
Legal Disclaimer: This article provides general educational information about Georgia law regarding stolen vehicle liability and insurance coverage. It is not legal advice for your specific situation. Every stolen car accident case depends on unique facts, available evidence, specific policy terms, and applicable law. Outcomes vary significantly based on individual circumstances. The information provided does not guarantee any specific result. Nothing in this article creates an attorney-client relationship. For advice about your specific case and your specific insurance coverage, consult a licensed Georgia personal injury attorney.
About Adams, Jordan & Herrington, P.C.: Adams, Jordan & Herrington is a personal injury law firm serving Middle Georgia. Our attorneys represent clients in car accidents, truck accidents, premises liability, medical malpractice, wrongful death, and other personal injury matters throughout Bibb County, Houston County, Baldwin County, and surrounding areas.