Q: Would you use GA SOS to serve a nonresident who is the owner of a vehicle involved in an accident?
The owner was not the driver nor passenger of the vehicle involved in the collision?
Also, same question but for the nonresident policy holder who was not operating nor in the vehicle at the time of the collision?
A:
You may serve a nonresident using the Georgia Nonresident Motorist Act statute. In order to do so, you must serve a copy of the complaint/summons on the Secretary of State AND by giving notice of such service and a copy of the complaint/summons by registered or certified mail or statutory overnight delivery to the defendant. That would be legally valid.
Practically speaking, it is not necessary to sue the owner of a vehicle in order for the owner's driver to qualify for insurance coverage under the owner's policy. In fact, holding an owner liable can be very difficult as there are limited claims which would make the owner liable for his driver's negligence.
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