Most people travel out of state at some point. If someone from Johns Creek gets into an accident with an out-of-state driver, they might wonder if it changes their legal claim. Are the fault laws different if the driver isn’t from Georgia?
Below, we’ll cover what you need to know about an out-of-state driver accident in Johns Creek. Our lawyers can also help you seek compensation for the losses you have. We’ve handled countless claims involving drivers who live in another area.
Reach out to John Foy & Associates to know more about your rights. Our lawyers do not charge a fee unless we win your case.
Call us at (404) 400-4000 or contact us online for a free consultation.
How Current State Laws Apply to an Accident
Most of the time, the state in which the accident happened dictates the laws. In Georgia, the at-fault driver in an accident is responsible for the costs associated with that accident. It’s also a modified comparative fault state, which means:
- A driver’s financial recovery is reduced based on their percentage of fault.
- An injured driver can recover damages if they were less than 50% at fault.
- Compensation is not an option if a driver was 50% or more at fault.
Not all states follow these laws. Some states are no-fault states, meaning a driver’s own insurance company covers their costs—no matter who was at fault. However, if a driver causes an accident in Georgia, they typically must follow Georgia’s fault laws.
Of course, there are exceptions. The details of your accident will determine what laws apply. After the accident, be sure to speak with a lawyer who understands out-of-state driver accident claims.
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Car Insurance for an Out-of-State Driver Accident
Auto insurance minimums vary per state. In Georgia, drivers must have at least the following coverage:
- Bodily injury liability: $25,000 per person and $50,000 per accident
- Property damage liability: $25,000 per accident
Drivers can also purchase uninsured driver insurance, which is optional:
- Uninsured motorist bodily injury: $25,000 per person and $50,000 per accident
- Uninsured motorist property damage: $25,000 with a deductible of $250, $500, or $1000
If an accident happens in Georgia, these are the minimums—no matter where the drivers live.
Thankfully, most insurance policies account for possible out-of-state accidents. As long as a driver carries the minimum for their state, the insurance company will usually make up the difference for another state.
You Can Sue a Driver from Out of State
If you live in Georgia, but a driver from another state causes your accident, you have rights. Two Georgia laws might apply:
- The Official Code of Georgia Annotated (OCGA) §40-12-3 allows you to sue the driver in the county where the accident happened or where you live.
- The Long-Arm Statute under OCGA §9-10-91 lets you sue a driver who lives out of state.
An experienced lawyer can help you carry out the appropriate actions. Even if the other driver goes back to their home state, you can still seek compensation from them. Leaving the state does not protect a driver from legal action for their negligence.
If you are from outside of Georgia but were injured in Johns Creek, you might also have a claim. The law allows you to bring a case against a Georgia resident if they caused your accident. Even if you live out of state, you might want to contact a Georgia lawyer to understand local laws.
John Foy & Associates can help if you were not at fault for your accident. No matter where you live, give us a call to learn your legal options. We’ll review your accident and discuss your rights.
Call (404) 400-4000 or contact us online today for a free consultation.
Damages to Claim from an Out-of-State Accident
If you were not at fault for your accident, you can seek compensation for damages like:
- Medical bills
- Prescription medications
- Lost wages
- Loss of earning capacity
- Vehicle repairs
- Pain and suffering
Personal injury damages are any losses you have from the accident. You can prove some of these damages through bills and other documentation. But pain and suffering damages are harder to show.
Your lawyer can help calculate all of your damages, including non-monetary ones. That way, you can know what your claim is worth and how much compensation you deserve.
Deadline to File an Out-of-State Driver Accident
The statute of limitations for injury claims is different for each state. In Georgia, you have two years from the accident date to bring a legal case. Some states have a longer or shorter deadline to file.
The statute of limitations usually applies to the state where the accident occurred. Each case is different, so it’s best to consult with a lawyer. A lawyer can make sure you stay on track and file within the deadline.
Dealing with the Insurance Company
If another driver caused your accident, you can seek compensation from their insurer. But insurance companies will look for ways to pay as little as possible after an accident. That often includes tactics like:
- Offering a very low settlement upfront
- Downplaying your injuries
- Questioning your accident costs
- Asking you to give a recorded statement
Do not give any statements or agree to sign anything without speaking to a lawyer first. Also, don’t accept any settlement without knowing that it’s a good offer. The insurance company might try to make you feel like it’s a good deal, but don’t be fooled.
An experienced lawyer can protect your rights from the beginning. It’s best to schedule a consultation so that you know your options. Chances are that your damages are much higher than you initially thought.
Talk to a Johns Creek Out-of-State Drivers Accident Lawyer Today
An out-of-state driver accident can be more complicated than in-state accidents. However, the legal side of things is straightforward in most situations. Talk to a Johns Creek out-of-state driver accident lawyer today to know your best options.
John Foy & Associates has been helping accident victims for over 20 years. When an out-of-state driver causes your accident, we’ll know what to do. Plus, we don’t charge a fee unless we win you money.
Call us at (404) 400-4000 or contact us online to get started with a free consultation.
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