When Injured in a Car Accident with a Non-Resident , You Have Options On Where to File Suit

If you are in a car accident in Georgia and the person that hit you is not a resident, you have the right to hale them into Court in the County in Georgia where the crash happened or in your home county. We frequently deal with issues regarding venue (the proper court in which the lawsuit must be filed). Normally, under the Georgia Constitution you have to sue a Georgia citizen or corporation in the County where they reside so that there is a jury of their peers. GA. CONST. Art. VI, II, Para. VI. However, the Non-Resident Motorist statute makes an exception for drivers who lived outside of Georgia at the time of the crash. O.C.G.A. 40-12-3.

Under Georgia law, the complaint (the document that starts a law suit) must include facts that establish venue. O.C.G.A. 9-11-8(a)(2). A skilled lawyer knows which counties are more favorable and can walk you through the options. If you decide to file the suit on your own though, be sure to read the statutes first.