It is bad enough to be hit by another driver, but things might be more complicated if the other driver is from another state. While you can still take legal action, doing so might require jumping through a few extra legal hoops.
You should treat an accident with an out-of-state driver as you would any other crash, at least at first. You should take the normal steps of calling for help, exchanging information, and contacting an attorney. Once the dust settles and it is time to consider insurance claims and lawsuits, you should talk to your attorney about how to approach the situation. You may still file an insurance claim, but other states might have no-fault insurance laws, and filing your claim might be tricky. Similarly, you can sue the other driver, but bringing them within Georgia’s jurisdiction might come with complications. If the other driver leaves this state, we might rely on long-arm statutes to bring them back.
After a crash with any driver, call our Georgia car accident attorneys at (844) 876-4357 and set up a confidential review of your case for free with the team at Howe Law.
What to Do After Being Hit by an Out-of-State Driver in Georgia
If you are hit by a driver from another state while driving in Georgia, the first thing you should do is call for help. Do not concern yourself with where the other driver is from, at least for now. Your main concern should be getting help and getting to a hospital.
Both you and the other driver must wait for emergency responders or the police to arrive before leaving the scene. While you wait, exchange insurance information and contact details with the other driver. This is important for filing insurance claims or taking other legal action. If the other driver refuses to provide their information, do not worry. We can get their details from the police later. In such a case, you might also want to jot down their license plate number so we can identify them.
Once you have been evaluated by a doctor and spoken to the police, you should contact a lawyer. If the other driver is from another state, your legal options might be more complicated, and your attorney can help you determine your next step and the best way to get fair compensation.
Can I File an Insurance Claim After Being Hit by an Out-of-State Driver in Georgia?
You should still be able to file an insurance claim even if the other driver is from another state. However, different states have different laws regarding auto insurance. If the other driver is from a state where auto insurance claims are handled differently, you might need a lawyer to help you through the claims process.
Georgia is a fault-based auto insurance state. This means drivers must submit claims with the other driver’s insurance company. They must also prove the other driver is at fault for the accident to get compensation from the insurance company.
Being hit by an out-of-state driver might make things tricky, as not all states are fault-based. Some states follow no-fault insurance laws, under which injured drivers may submit claims to their own insurance providers and get coverage regardless of fault.
If you are injured in an accident, you should try to get the other driver’s insurance information so you and your lawyer can begin a claim. Insurance laws are notoriously complex, and having a lawyer by your side might prevent insurance adjusters from giving you the runaround.
Since drivers in Georgia are not required to carry no-fault insurance policies, they often have little choice but to file a third-party claim with the other driver’s insurance. You might need to jump through a few extra hoops explaining the situation to the other driver’s insurance company. You should also be prepared to prove the other driver is at fault since you are not following no-fault rules.
Filing a Lawsuit Against an Out-of-State Driver for a Georgia Car Accident
One big concern when suing a driver from another state is where the lawsuit must be filed. In many car accident cases, both drivers are from the same state, and the lawsuit is filed in the state where the parties live. When one driver is from a different state, complicated jurisdictional issues might arise, and you should get help from a lawyer.
In this situation, you can probably sue the other driver in Georgia because that is where the accident happened. This is because the State of Georgia has geographical or territorial jurisdiction over claims arising within its borders. Even if both drivers were from completely different states, but they happened to collide in Georgia, the case could still be brought in Georgia because that is where the accident happened.
You can also sue the driver in their home state because their home state has personal jurisdiction. Personal jurisdiction is when a state or court has jurisdiction over a specific person regardless of where the cause of action arose. Generally, your state of residence has personal jurisdiction over you. Suing the other driver in their home state might be less than ideal, but it is an option, nonetheless.
What if the Out-of-State Driver Who Hit Me in Georgia Flees the State?
Some drivers have difficulty getting hold of the out-of-state driver who hit them. It is not uncommon for out-of-state drivers to leave the state in the hopes you do not try and follow.
Thankfully, you may still sue the other driver even if they have returned home and are avoiding you. When you file a lawsuit, you must serve notice on the defendant so they can respond and admit or deny the allegations. If you exchanged any information with the other driver at the accident scene, our Atlanta car accident lawyers can help you locate them and serve notice.
If the other driver has returned to their home state, we might serve notice across state lines using long-arm statutes. These statutes allow you to sue the driver in Georgia even though they are no longer in Georgia and this state does not have personal jurisdiction.
For long-arm statutes to be effective, you must show that the other driver has some minimum connections with Georgia. In car accident cases, the connection is that the accident occurred in Georgia, so the state would have jurisdiction over the case.
Call Our Georgia Car Accident Lawyers if A Driver From Another State Hit You
Call our Rosewell, GA car accident lawyers at (844) 876-4357 and arrange for a private review of your case for no charge with our team at Howe Law.
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