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Car accidents can be a traumatic experience, particularly when they involve non-resident motorists. Pursuing a personal injury claim under the Georgia Non-Resident Motorist Act can be complex, and securing the compensation you deserve is often challenging. As Georgia personal injury attorneys, we have extensive experience dealing with these types of cases and are committed to helping you navigate the complexities of the Georgia Non-Resident Motorist Act.
What is the Georgia Non-Resident Motorist Act?
The Georgia Non-Resident Motorist Act (OCGA § 40-12-1) is a statute that allows Georgia residents to sue non-residents for damages resulting from a car accident that occurred within the state. The Act essentially extends Georgia’s jurisdiction to include non-residents involved in motor vehicle accidents within the state, allowing for claims to be pursued in Georgia courts.
Complexities of Suing under the Georgia Non-Resident Motorist Act
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Establishing jurisdiction
One of the primary challenges in suing under the Georgia Non-Resident Motorist Act is establishing jurisdiction over the non-resident defendant. For a Georgia court to have jurisdiction, the non-resident defendant must have been served with a copy of the summons and complaint while physically present in the state or by complying with the provisions of OCGA § 40-12-2 (the “long-arm statute”). Additionally, the accident must have occurred within Georgia.
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Statute of limitations
The statute of limitations for personal injury claims in Georgia is generally two years from the date of the accident. However, the statute of limitations may be tolled (paused) under certain circumstances, such as if the defendant is avoiding service or if they fraudulently conceal themselves. Navigating the nuances of the statute of limitations and ensuring that your claim is timely filed can be a complex task.
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Proving liability and damages
As with any personal injury case, proving liability and damages is crucial to securing compensation. In a non-resident motorist case, you must establish that the non-resident defendant was negligent and that their negligence caused your injuries. Additionally, you will need to provide evidence to support your claim for damages, including medical expenses, lost wages, pain and suffering, and other relevant losses.
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Dealing with insurance companies
Insurance companies can be challenging to deal with, especially when dealing with a non-resident motorist claim. They may attempt to deny or reduce your claim, arguing that the non-resident motorist is not covered under Georgia law. An experienced Georgia personal injury attorney can help you navigate these challenges and negotiate with insurance companies on your behalf to ensure you receive the compensation you deserve.
Contact the Georgia Personal Injury Attorneys, Jarrett & Price
The complexities of suing under the Georgia Non-Resident Motorist Act can make pursuing a personal injury claim challenging, but it is essential to hold the responsible party accountable for their actions. With the help of an experienced Georgia personal injury attorney, you can navigate the intricacies of the law and fight for the compensation you deserve. If you have been injured in an accident involving a non-resident motorist, contact our team today for a consultation to discuss your legal options.
