Dealing with an out-of-state car accident can be confusing. If the at-fault driver is not from Sandy Springs or even Georgia, can you still file a claim with their insurance? Do you still have compensation options for your damages?
You can file a claim against a driver, even if they live out of state. However, the legal process can be more involved, and you’ll need to know the driver’s insurance situation. To understand all of your options, call a Sandy Springs out of state driver accident lawyer.
John Foy & Associates can help after your accident. We have over 20 years of experience helping accident victims with their cases. Contact us today for a free consultation at (404) 400-4000 or online.
How to Know Which State’s Laws Apply
When an accident involves an out-of-state driver, you might wonder which state laws apply to the crash. Thankfully, it’s relatively simple. If an accident happens in Georgia, Georgia’s liability laws apply.
Georgia is a fault state. So, if the out-of-state driver caused your accident, they are liable. You can still pursue compensation from them for the damage they caused. This applies even if the other driver goes back to their state.
The insurance requirements for all drivers are the same in Georgia. Even if the driver’s state has different limits, Georgia law should override them. According to Geico, the minimum insurance for Georgia is:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Most insurance companies recommend drivers purchase higher limits. However, the above amounts are the minimum requirement. Any out-of-state driver will need to have the same coverage if they cause an accident.
If the driver lives in a state with lower limits, the insurance will usually increase automatically for the state. But since there might be exceptions, check with an out-of-state driver accident lawyer to be sure.
Drivers from “no-fault” states might not understand Georgia laws. In no-fault states, each driver’s insurance pays for their accident. It doesn’t matter who’s at fault. But in Georgia, the at-fault driver’s insurance company pays for all damages.
Coverage Might Depend on the Driver’s Insurance Policy
Thankfully, most insurance policies apply to all 50 states. If a driver crosses state lines as a visitor, their insurance should still apply. That being said, all motorists should understand their limits and insurance policies.
There can be some exceptions. For example, some companies won’t cover accidents related to business travel. Go over the details with an experienced lawyer to make sure you know your options.
Holding the Out-of-State Driver Responsible
You might worry if the other driver leaves Georgia to go home. However, the driver going home doesn’t prevent you from taking action. Some lawyers won’t pursue cases with out-of-state drivers. But John Foy & Associates is not intimidated by these cases.
If the other driver caused your accident, you can hold them liable. Like with an accident in Georgia, you’ll need to build a case by:
- Gathering evidence from the accident
- Compiling proof of your damages
- Getting contact and insurance information from the out-of-state driver
You shouldn’t have to pay for an accident you didn’t cause. After the collision, we’ll do everything possible to recover your accident costs fully. It’s best to get started immediately since other states’ insurance laws might be very different.
John Foy & Associates can advise you on the best course of action. We’ll discuss your case and how to start building a claim. Plus, you won’t pay us a thing unless we win you money.
To get a free, no-risk consultation, call (404) 400-4000 or contact us online.
Suing a Driver from Another State
The Official Code of Georgia Annotated (OCGA) §9-10-91 covers accidents with out-of-state drivers. According to the statute, Georgia courts can “exercise personal jurisdiction” over a non-resident who “commits a tortious injury in this state.”
Even if the at-fault driver is out of state, they are responsible for the injuries they cause. You can bring a personal injury claim or lawsuit against the out-of-state driver. Still, if you bring a lawsuit, you must serve the driver where they live.
Partial Fault in an Out-of-State Accident
Each state has different laws for partial fault. In Georgia, there are modified comparative negligence laws under OCGA §51-12-33:
- An injured party can still seek compensation if they were less than 50% at fault for the accident.
- The party’s percentage of fault reduces their damages by that same percentage.
- If someone is 50% or more at fault, they cannot recover damages.
Georgia’s fault laws apply to any car accident in Georgia. The out-of-state driver would have to follow the same laws. If more than one person could be at fault for your accident, contact an experienced lawyer for help.
Damages from an Out-of-State Accident
Any accident can involve severe damages. Personal injury damages are any losses you face because of the accident. If another driver was at fault, they are responsible for covering your costs.
Common damages from an out-of-state accident include:
- Medical bills
- Medication costs
- Physical therapy costs
- Lost wages
- Lost earning capacity
- Vehicle repairs
- Pain and suffering
Your lawyer will account for all damages you face from the accident. That includes future medical costs to treat your injuries. If you were not at fault, you shouldn’t have to cover any of your damages from the crash.
Talk to a Sandy Springs Out-of-State Drivers Accident Lawyer
An accident with an out-of-state driver can feel like new territory. However, the same state laws apply to both you and the other driver. But you might need help building a strong case and contacting the other driver.
If you or a loved one were injured, our out-of-state driver accident lawyers can help. We have been helping injured drivers for over 20 years. We’re not scared of cases involving non-residents in Georgia.
Contact us today for a free, no-risk consultation. You don’t have to pay us a thing unless we win you money. To get started today, call (404) 400-4000 or contact us online.