How Georgia Car Accident Cases Work When The At-Fault Driver Lives In Another State

Key Points:

  • Regardless of where you live in Georgia or where the other driver lives, you can typically file a claim with his or her insurance to pay for your injuries.
  • Many claims against drivers from other states can be resolved by negotiations, but hiring a lawyer from that state may be important when it comes to understanding and recovering the at-fault driver’s insurance coverage.
  • If you’ve been in a car accident with a motorist who resides in another state, or if you were involved in an accident as an out-of-state motorist, you may need to hire a lawyer familiar with the laws of the other state.

Questions Answered:

While road trips are a wonderful way to spend a family vacation and see new places, they do pose a risk of car accidents
American’s enjoy taking road trips.  While road trips are a wonderful way to spend a family vacation and see new places, they do pose a risk of  car accidents.  And on occasion, an at-fault negligent driver might be passing through from another state.

This raises the legal question of how a claim is made when the at-fault driver lives in another state.  Here is a look into what you need to know about being in a car accident in Georgia with an out-of-state traveler.

Making an Insurance Claim Against Drivers from Outside Georgia

Here is a look into what you need to know about being in a car accident in Georgia with an out-of-state traveler

As a general rule, a person injured in a car accident caused by an out-of-state driver may seek compensation from the other driver, usually by going through that person’s insurance company, even if the operator who caused the wreck lives in another State. However, you must be careful because every insurance policy is a contract, and each State has its own laws governing insurance limits and controlling how the insurance contract works.  Hiring a lawyer familiar with the laws of the State where the other driver’s policy was written can be a good idea.  If you cannot reach a satisfactory settlement with the at-fault driver’s insurance company, then you may need to consider filing a lawsuit against the driver.

Georgia Laws Relating to Suing an Out-Of-State Driver

When the driver lives in a different state, there are two laws in Georgia that govern where a lawsuit should be filed: the Georgia Long-Arm Statute and the Georgia Non-Resident Motorist Act.

The Georgia Long-Arm Statute

The Georgia Long-Arm Statute, is found in Georgia Code section 9-10-91. This law reads that a court of the state of Georgia “may exercise personal jurisdiction over any nonresident…” in the event that the nonresident “commits a tortious injury…” In other words, you have the right to sue the defendant in Georgia, even if he or she is from out of state based on the fact that the defendant is the person who has committed a wrongful act. Most likely, even if you sue a person under this statute, you must still serve them at their current place of residence.

The Georgia Non-Resident Motorist Act

The Georgia Non-Resident Motorist Act provides more options for plaintiffs who are injured in a car accident in the state of Georgia in terms of the court that has jurisdiction over the case. The act states that the plaintiff may file his or her civil action with the court in the county in which the crash occurred, or the county in which the injured motorist who is seeking compensation resides.

A knowledgeable legal attorney can review the specifics of your accident and where it occurred and advise you about the proper location to file a claim or lawsuit.

Ready to Serve You!

Throughout the entire process, your attorney will also serve as a resource for all of your legal questions
The skilled attorneys at The Millar Law Firm are ready to serve you today! We routinely handle Georgia collision cases against non-resident persons and companies.  Our car accident attorneys have been serving Georgia accident victims for more than 20 years, and have recovered more than $100 million in verdicts and settlements for our clients. To learn more about how we can help you when you want to pursue an intrastate car accident case, contact us using our online form or call our offices directly.

For more information, the team at the The Millar Law Firm are here to help. With years of experience helping victims of car accidents get the compensation they deserve, the team of attorneys at The Millar Law Firm can help you too. Call today!

Article Summary

When you are in an accident that involves an out-of-state driver, or a driver from another Georgia county, certain jurisdictional issues come into play. While such matters can be complicated, it’s sometimes possible to negotiate and settle the claim with the insurance company, as many are familiar with operating in multiple states.

If, on the other hand, negotiations fail and a lawsuit becomes the only way to pursue your full and fair settlement for damages, you will probably wish to consult with an attorney who is well-versed in multi-jurisdictional accidents. Such consultations are generally free of charge and extremely useful in planning your claim.

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