- Car Accidents
Car accidents are always stressful experiences, but they can be even more complicated when one of the drivers is from out of state. However, don’t worry! Georgia laws allow you to file for damages if you were hit by an out of state driver.
We’ll explore how much you can recover if you’re hit by an out-of-state driver and what steps you should take to ensure fair compensation. Plus, we’ll explain why you need to hire an experienced South Fulton car accident attorney who knows the ins and outs of these cases and will fight for your rights!
Georgia’s Long Arm Statute Allows You to Sue an Out of State Driver
If you’ve been in a car accident with an out-of-state driver, you may be wondering how to pursue compensation for your injuries and damages. Fortunately, Georgia’s Long Arm Statute allows you to bring legal action against the non-resident driver who caused your accident.
The Long Arm Statute is a law that extends the jurisdiction of Georgia courts over non-residents who commit certain acts within the state, such as causing a car accident. This means that even if the other driver lives in another state, they can still be held accountable for their actions while driving in Georgia.
To file a lawsuit under this statute, you’ll need to establish that the out-of-state driver had sufficient contacts with Georgia or committed a tortious act within our borders. These could include owning property here, doing business here regularly or occasionally, or simply driving through on vacation.
Keep in mind that pursuing legal action against an out-of-state driver can be complex and time-consuming. That’s why it’s essential to work with an experienced South Fulton car accident attorney who knows how these cases work and can navigate the legal system on your behalf.
What If the Other Driver Comes From a No-Fault State?
If you’re involved in a car accident with an out-of-state driver who comes from a no-fault state, you may wonder how this affects your ability to recover compensation. In no-fault states, drivers are required to carry personal injury protection (PIP) insurance which covers their own medical expenses and lost wages regardless of who caused the accident.
However, Georgia is not a no-fault state. This means that if the other driver caused the accident and you sustained injuries, you can still pursue compensation from them or their insurance company. You can file a claim against their liability coverage just as you would if they were an in-state driver.
It’s important to keep in mind that even though the other driver comes from a no-fault state, they are still responsible for any damages they cause while driving in Georgia. However, navigating these types of claims can be complex and you will want an experienced South Fulton car accident attorney in your corner.
What If Their Minimum Coverage Is Below Georgia Insurance Requirements?
When you are involved in a car accident with an out of state driver, one of the first things to consider is whether their insurance coverage meets Georgia’s minimum requirements. In Georgia, drivers are required to carry liability insurance that covers at least $25,000 per person for bodily injury and $50,000 per accident for bodily injury.
If the minimum coverage in the other driver’s state is below these limits, then their insurer will have to supplement it to match the limits in Georgia. Even so, your damages may exceed the amount specified above.
In such cases, you may obtain supplementary compensation through your own uninsured motorist (UM) coverage or by filing a lawsuit against the other driver.
It is important to note that UM coverage is not mandatory in Georgia, but it can provide valuable protection if you are hit by an out of state driver who lacks adequate insurance. This type of coverage kicks in when the at-fault driver has no insurance or insufficient coverage to pay for your damages.
Navigating car accident claims involving out-of-state drivers can be complicated and stressful. That’s why it’s critical to work with an experienced South Fulton car accident attorney who understands how these cases work and knows what steps need to be taken to protect your rights and maximize your recovery.
The Comparative Fault Principle Will Be Applied to Your Claim
When it comes to car accidents, each state has its own way of determining who can seek damages. In states such as Alabama or North Carolina that follow a contributory negligence law, you are not allowed to seek damages even if you are only 1% at fault.
Georgia follows the comparative fault principle. That means that even if you are partially at fault for an accident involving an out-of-state driver, you can still recover compensation for your injuries and economic losses.
For example, let’s say you were hit by a driver from Florida who ran a red light while you were making a left turn. However, it was later determined that you were also speeding at the time of the accident. In this scenario, both drivers may share some level of responsibility for the collision.
Under Georgia law, your recovery amount would be reduced by your percentage of fault. So if you were found to be 25% responsible for the crash and awarded $100,000 in damages, your final settlement would only be $75,000.
Filing claims against drivers from other states is complex, so it’s best to hire an experienced South Fulton car accident attorney.
Let an Experienced South Fulton Car Accident Attorney Negotiate Your Claim!
Dealing with an out of state driver can add a layer of complexity to your car accident claim. However, you can still obtain the compensation you deserve.
Remember that if the other driver comes from a no-fault state or their minimum coverage is below Georgia insurance requirements, it will not affect your claim.
However, in order to protect your rights, it’s crucial to have a skilled South Fulton car accident attorney on your side who understands these laws and knows how to negotiate with insurance companies. We can help you build a strong case and fight for fair compensation.
If you’ve been hit by an out of state driver in South Fulton, don’t hesitate to contact our team at Wade Law. We have a combined experience of over 70 years and we’re here to guide you through every step of the process.
Call us at 770-282-1188 to schedule a free case review with us as soon as possible!
