Car accidents in Atlanta are always stressful. It’s even worse when one driver is from out-of-state. Which state laws apply? Is the out-of-state driver still responsible? These are questions an Atlanta out-of-state driver accident lawyer will answer.
Below, we’ll look at what to do when:
- An out-of-state driver causes your accident in Atlanta, or
- You live in Atlanta but get into an accident in another state.
If your accident involved an out-of-state driver, you can still file a claim. However, it’s best to work with a lawyer. At John Foy & Associates, we can help.
With 20-plus years of experience, we know how to win cases. Plus, we do not charge a fee unless we win your case.
To schedule a FREE consultation, call (404) 400-4000, or contact us online. We are available 24/7 to take your call.
When an Out-of-State Driver Causes Your Accident
When an out-of-state driver enters Georgia, they must follow local laws. If they caused an accident through carelessness, the state laws will apply. When an accident happens in Georgia, Georgia laws will determine:
- Who is at fault,
- Liability for your damages, and
- Your legal options.
You can bring a claim against an out-of-state driver if they caused your accident (Georgia Code §9-10-91). However, the process might be more complicated. Different state insurance minimums can affect your compensation.
If you have serious damages, your case could go to federal court. Judges will typically apply Georgia law to the accident.
Insurance Minimums Per State
Georgia car insurance minimums are:
- Bodily injury: $25,000 per person; $50,000 per accident
- Property damage: $25,000 per accident
Uninsured driver insurance is optional but not required in Georgia. However, most drivers will have it.
Insurance minimums vary by state. When an accident happens in Atlanta, Georgia insurance requirements override other state minimums.
If the at-fault driver lives somewhere with lower minimums, it doesn’t matter. The requirement increases while they’re in Georgia.
Lower vs. Higher Insurance Minimums
If the driver’s state requires less insurance, it can be a problem. There might be less coverage to pay for your accident damages. However, your uninsured driver insurance might help with some costs.
If the other driver doesn’t have any insurance, your uninsured driver coverage should help. But it’s best to call a lawyer still. Even your own insurance company might try to pay less than you deserve.
When You Were in an Accident Outside of Georgia
Now, say you live in Georgia but had an accident in another state. As mentioned above, the state’s laws will apply. For example, an accident in Texas would depend on Texas fault laws—not Georgia’s.
You’ll need to see how your insurance coverage compares to the state’s minimums. We understand the difference is often confusing. If you’re unsure about the details, contact an out-of-state driver accident lawyer.
Fault vs. No-Fault States
State fault laws can vary a lot, too. For example, Georgia is a “fault” state. The at-fault driver’s insurance company pays for the other driver’s costs.
Some states are “no-fault” states. In no-fault states, each driver’s insurance pays for their damages—no matter who was at fault. The difference can be confusing for out-of-state drivers.
Georgia has partial fault laws (Georgia Code §51-12-33). An injured driver can seek compensation if they were less than 50% at fault. If a driver is partially at fault, it will decrease what they can recover.
Dealing with the Insurance Companies
No matter the state’s laws, insurance companies are not on your side. If you suffer injuries in an out-of-state driver accident, contact an attorney. You will need help dealing with the insurance company.
Insurance adjusters look for ways to pay you less. They might do things like:
- Downplaying your injuries,
- Calling you and using something you say against you,
- Blaming you for the crash,
- Offering you a meager settlement, and
- Trying to settle as soon as possible.
Insurance adjusters often seem friendly. They might even express concern about your situation. But don’t be fooled. The insurance company cares most about one thing: profit.
An Atlanta out-of-state driver accident lawyer can help. Your lawyer will know which laws apply to your situation. Plus, the consultation is 100% FREE.
To schedule a FREE consultation with John Foy & Associates, call (404) 400-4000, or contact us online.
Seeking Damages from the At-Fault Driver
If an out-of-state driver goes home, you can still pursue compensation. Our lawyers will do everything possible to fight for your rights. If you did not cause the accident, you shouldn’t have to pay for the costs.
Personal Injury Damages You Can Claim
Personal injury laws can vary by state. However, you can typically include damages like the following after an accident:
- Medical treatment costs
- Medication expenses
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Emotional trauma
Some states have caps on what you can recover. If you have severe injuries, talk to a lawyer about your options. It’s essential to know all of your recovery options.
Talk to a Lawyer About Your Accident
After an out-of-state driver accident, you’ll need to look at factors like:
- Where the accident happened,
- Who was at fault for the accident,
- State laws where the crash occurred, and
- Where you need to file your claim.
Of course, every collision is different. Your situation might have exceptions to specific rules. We urge you to speak with an experienced Atlanta lawyer who can determine your options.
Also, get started as soon as possible. In Georgia, you must file your case within two years. However, another state could have different deadlines.
You’ll want to file within the limitations. Otherwise, you might not be able to recover anything from the accident.
Talk to an Atlanta Out of State Drivers Accident Lawyer for Free Today
Out-of-state driver accidents are complicated and confusing. Thankfully, you don’t have to handle yours alone. At John Foy & Associates, we have the answers you need.
Our lawyers have been helping injury victims for over 20 years. We are one of the largest and most respected law firms in Georgia. Our team is not afraid to fight for your rights.
To get started with a FREE consultation, call (404) 400-4000, or contact us online.