Decatur, GA asked in Car Accidents and Personal Injury for Georgia

Q: What is the proper venue when the at-fault driver moves out of state after the accident?

1 Lawyer Answer
Michael W. Horst
Michael W. Horst
  • Personal Injury Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of the residence of the plaintiff (i.e., the injured person who is filing suit). The decision as to which venue to choose is entirely up to the plaintiff.

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