If an out-of-state driver hits your vehicle in Georgia, you may feel overwhelmed and face a highly stressful situation. You might wonder whether their home state’s laws apply, whether you’ll have to file suit somewhere else, or whether distance will make recovering compensation harder. The good news is that Georgia law gives you the right to bring your car accident claim right here.
Here’s what you need to know about your legal rights after a car crash involving an out-of-state driver, the laws that protect you, and what to expect when you pursue a claim against the driver.
What Should My Immediate Steps Be After an Accident with an Out-of-State Driver?
The steps you take immediately after an accident with an out-of-state driver can make or break your car accident claim. You should do the following:
- Report the accident to law enforcement so officers can respond to the scene and create an official report.
- Seek medical attention even if you don’t feel hurt. Treatment gaps could hurt your case later.
- Collect as much information as possible from the other driver, including their name, contact details, license plate number, driver’s license details, and insurance information.
- Take photos of both vehicles, the surrounding area, and any visible injuries.
- Gather contact information from any witnesses before they leave.
- Consult with an experienced car accident attorney who can review your case and advise you of your legal rights and options.
What Is the Nonresident Motorist Act?
Under Georgia’s Nonresident Motorist Act, any driver from another state who uses Georgia roads accepts the authority of Georgia’s courts over any accident they’re involved in here. The Georgia Secretary of State serves as the legal “agent for service of process” on out-of-state drivers. You can have the state formally notify an out-of-state party of your lawsuit against them rather than having to chase them down yourself. The Act also gives you flexibility on where to file your claim. You can bring your case in the county where the accident happened or the county where you live.
What Is Georgia’s Long Arm Statute?
Georgia’s Long Arm Statute extends Georgia courts’ jurisdiction to any nonresident who commits a negligent act in this state, including anyone who was living in Georgia when the crash occurred but later moved away before you could serve them.
For instance, if the driver relocated to another state between the date of the accident and the date when you filed suit, the Long Arm Statute gives Georgia courts the authority to hear your case. Together, this statute and the Nonresident Motorist Act prevent at-fault drivers from avoiding accountability just because they have out-of-state addresses.
How Can My Lawsuit Be Affected by the Insurance Requirements of Other States?
If a driver from another state hits you in Georgia, Georgia’s insurance laws and liability rules govern your claim regardless of where the other driver resides. Still, other states’ minimum coverage requirements can still affect how much insurance money is actually available.
Some states have lower insurance minimum requirements than Georgia, which could limit how much the at-fault driver’s policy actually pays out. However, if their coverage doesn’t fully compensate you, your uninsured/underinsured motorist policy could cover the difference, assuming you have not rejected this coverage in writing.
How Do You Go About Filing a Lawsuit Against an Out-of-State Driver for a Georgia Car Accident?
The first step you should take after an auto accident is to consult an experienced Georgia car accident attorney. Filing a claim against an out-of-state driver involves procedural requirements that can trip up anyone who isn’t familiar with them, from serving the defendant through the Secretary of State’s office to identifying the court with jurisdiction over the claim.
Your attorney can handle all of that on your behalf while you focus on recovering. They can also investigate the accident, gather evidence, communicate with insurance companies, and build the strongest possible case for compensation.
What Problems Can Arise with Claims Involving Out-of-State Drivers?
Accident claims involving out-of-state drivers come with a unique set of complications, such as tracking down an out-of-state defendant and properly serving them. The process typically demands more time and effort than it does in cases involving an in-state driver.
Conflicting insurance policies, differing state minimums, and questions about which party bears how much fault can all complicate settlement negotiations. Additionally, it’s often more challenging to gather evidence if the other driver has already returned to another state.
Fortunately, an attorney with experience in these cases will know how to anticipate and work through these obstacles efficiently to increase your chances of a fair payout.
What Happens If the Out-of-State Driver Who Hit Me Flees the State?
If a driver leaves Georgia immediately after a crash without stopping, it is called a “ hit-and-run accident.” You should report the crash to law enforcement right away. Even if the authorities never identify the driver, you could receive coverage through your uninsured motorist (UM) policy. However, you still need evidence to support a UM claim. An accident report will be essential.
If the driver stopped, exchanged information, and then simply returned home, that’s a different situation. Georgia’s Nonresident Motorist Act and Long Arm Statute still give you the legal tools to bring a case against them. A car accident lawyer can handle all the legal details for you, even across state lines.
What Is Georgia’s Deadline for Filing a Car Accident Lawsuit?
Georgia law gives you two years from the date when you sustain your injury to file a car accident lawsuit. This deadline applies whether you’re suing an in-state or out-of-state driver. If you miss this deadline, you could lose your right to recover compensation entirely, regardless of how strong your underlying case might be. So, you should never wait to take action.
The sooner you connect with a Georgia car accident attorney, the more time they’ll have to investigate your claim, preserve evidence, and set you up for success.
Contact a Georgia Car Accident Lawyer
If an out-of-state driver injured you on a Georgia road, don’t wait to get legal advice. The team at Sherrod & Bernard, P.C., brings more than 85 years of combined legal experience to every case we handle. We have recovered millions of dollars in fair compensation for Georgia car accident victims just like you. We understand the unique challenges these claims present and know how to hold out-of-state drivers accountable under Georgia law.
Contact our firm today to arrange your free initial consultation and take the first step toward demanding the compensation you deserve. Your case review is fully confidential, and you will pay nothing unless we successfully resolve your matter.