What if I am in a Georgia accident with an Out-of-State Driver?

Key Points:

  • A Georgia resident or a visitor from another state who is in a car accident in Georgia can bring a claim against one or more drivers from other states.
  • Out-of-state drivers are required to follow Georgia laws and can be held accountable by law if their negligence caused an accident where others were injured.
  • Both Georgia residents and non-residents may have a case when a crash is caused by a negligent driver from another state

 

In this article, we will provide you with some basic information to give you a clearer picture of how car, truck or motorcycle personal injury claims against drivers from outside of the state of Georgia are usually handled.

Are accident claims different from state to state?

Yes – they can be.   Although when it comes to basic traffic laws, chances are that the laws of each state are fairly similar — with some minor exceptions such as whether it is legal to drive with a cell phone held to your ear (illegal in Georgia) — each state in the USA has its own separate civil laws controlling things like time limits to file personal injury lawsuits and insurance limits.  Georgia is no exception.

In Georgia, you have two years to file a personal injury lawsuit.   In other states, there may be more or less time.

Georgia’s personal automobile insurance limits are a minimum of $25,000.00 per person and $50,000.00 per accident for injury and $25,000.00 for property (vehicle) damage.  However, in other states the minimum insurance limits may be higher or lower.  The amount of insurance held by an at-fault driver from another state will be determined by that state’s law and the out of state driver’s insurance policy.

I live in Georgia, how do I sue a driver from another State?

If the at-fault driver or drivers reside in another state and you are a resident of Georgia, you may use either or both of two Georgia laws:  First, Georgia has what is called the Long-Arm Statute, which allows you to sue the defendant driver in Georgia even if she lives in another state.  Secondly, you may use Georgia’s Non-Resident Motorist Act, which allows the injured victim to sue the out of state driver in the Georgia county where the victim lives or in the county where the wreck happened.

I was visiting or passing through Georgia and was in a crash, can I sue a Georgia resident?

Yes.  Georgia law allows residents of other states to make a claim for negligence or file a lawsuit against Georgia residents for car accidents that happened here in Georgia.  Although you do not have to hire a Georgia lawyer, it may be advisable to do so unless you are able to hire a local attorney in your State who is both licensed in Georgia and knowledgeable about Georgia personal injury law.

While visiting Georgia, I was hit and injured by a resident of another State, do I have a case?

Yes.  However, the answer to this question can be complicated.  You may be able to file a claim in Georgia or have your choice between other states.  This will be very specific to your case, and we recommend consulting with a Georgia attorney or a lawyer from your home area.

Will I have to go to court?

Its possible.  Although 80 to 90 percent of  personal injury cases wind-up in an out of court settlement, filing a lawsuit and going to court remains a possibility.  In the event you have a lawsuit against a resident of another state, he or she may be required to appear in a Georgia courtroom to defend at trial.  If you do hire a lawyer, while we may not have to go to trial with your claim, we will prepare from the beginning to do so. This ensures that we have all the facts we need to present your case even if it does go to trial.

The Millar Law Firm handles claims for both Georgia residents and non-residents

If you’ve been involved in an accident with a negligent driver from another state, or with a resident of Georgia while visiting our State, call the experienced professionals at the Millar Law Firm today for your free case evaluation – 770-4-Million (770-400-0000), we are standing by to speak with you in our Atlanta or South Atlanta law offices.

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