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Car accidents are stressful enough, but when the other driver is from out of state, it can make the situation even more confusing—especially in Georgia, where traffic from tourists, business travelers, and long-haul truckers is common. Whether the accident occurs in Atlanta, Savannah, or along I-75, knowing your rights is crucial.
At Kevin Patrick Law, we help victims of car accidents—including those involving out-of-state drivers—understand their legal rights and navigate the complex claims process. In this article, we’ll break down what happens when you’re involved in a crash with an out-of-state driver in Georgia and how Kevin Patrick, a leading Georgia car accident attorney, can help you get the justice you deserve.
Under Georgia law, you are entitled to file a lawsuit against any driver who causes a car accident on Georgia roads—even if that driver is not a Georgia resident.
The legal basis for this is found in O.C.G.A. § 40-12-1, commonly referred to as the Non-Resident Motorist Act. This statute allows Georgia courts to assert jurisdiction over out-of-state drivers who are involved in accidents within the state.
O.C.G.A. § 40-12-1 states:
“Any nonresident of this state who shall accept the rights and privileges conferred by the laws of this state pertaining to the operation of a motor vehicle… shall be deemed to have appointed the Secretary of State as his or her agent for service of process in any action growing out of any accident or collision.”
In simpler terms, this law means that if a driver from another state causes a crash in Georgia, they can be sued in Georgia, and legal documents can be served on their behalf through the Secretary of State.
If you’ve been injured by an out-of-state driver, you don’t have to travel to their home state to sue them. You can file a claim right here in Georgia, and that’s where Kevin Patrick Law comes in. Kevin Patrick and his team are well-versed in Georgia’s personal injury laws and know how to handle cases involving non-resident motorists effectively.
By hiring Kevin Patrick, you get a local advocate who:
Knows Georgia’s civil procedure rules
Understands the nuances of serving out-of-state defendants
Has experience working with insurance companies from across the country
Car accident cases with out-of-state drivers often involve complex insurance issues, especially if the driver’s policy was issued in another state with different liability limits or mandatory coverage rules.
For instance:
Some states require lower liability limits than Georgia.
The driver may be covered by multi-state commercial or trucking insurance.
There could be disputes over choice of law if policies conflict.
At Kevin Patrick Law, we thoroughly investigate insurance coverage, including excess liability and umbrella policies, and we coordinate with out-of-state adjusters. This ensures that our clients receive maximum compensation, even when policies differ across state lines.
Accidents involving out-of-state drivers can occur in a variety of settings in Georgia, such as:
Highway collisions on I-20, I-75, or I-285 involving tourists or truckers
Rental car accidents involving business travelers at Hartsfield-Jackson Airport
Holiday weekend wrecks with out-of-state visitors
Distracted driving crashes caused by unfamiliarity with local traffic patterns
No matter the situation, Kevin Patrick and his team can help you investigate the accident, gather evidence, and build a strong case.
One of the most important legal questions in these cases is where to file your lawsuit. Under O.C.G.A. § 9-10-91, Georgia courts can exercise long-arm jurisdiction over any nonresident who commits a tort (like causing a car accident) in the state.
However, venue (i.e., the proper county court) is also critical. In many cases, you can file suit in the county where the accident occurred or in Fulton County, where the Georgia Secretary of State resides (since they are the legal agent for service).
Kevin Patrick Law handles all the procedural complexities, including:
Drafting complaints with proper citations to OCGA
Coordinating service through the Secretary of State
Ensuring that the case is filed in the appropriate jurisdiction
If there’s a dispute about who caused the accident, Georgia follows a modified comparative fault rule, codified in O.C.G.A. § 51-12-33. This means that as long as you are less than 50% at fault, you can still recover damages—though your compensation will be reduced by your percentage of fault.
This rule applies even when the other driver is from out of state. For example, if an out-of-state driver failed to yield but you were speeding, the court may assign partial fault to both parties.
Kevin Patrick fights to minimize any blame unfairly placed on his clients and ensure they receive the highest possible settlement or judgment.
At Kevin Patrick Law, we specialize in Georgia car accident cases, and we have deep experience dealing with complex cases involving non-resident motorists. Clients choose Kevin Patrick because of his:
Strong record of personal injury verdicts and settlements
Leadership roles in the State Bar of Georgia and Atlanta Bar Association
Dedication to client-first representation backed by Georgia law
Experience navigating multistate litigation and insurance negotiations
When you’re injured in a car crash, you need more than just legal help—you need an advocate who knows the law, understands the system, and has a proven reputation for results. That’s exactly what Kevin Patrick Law offers.
If you’re in an accident with an out-of-state driver, follow these steps:
Call the police and request a formal accident report.
Exchange information, including the driver’s out-of-state license and insurance.
Take photos of the accident scene, damages, and injuries.
Seek medical attention immediately, even if injuries seem minor.
Contact Kevin Patrick Law as soon as possible to preserve evidence and protect your rights.
The earlier we get involved, the better your chances of receiving full compensation.
Car accidents involving out-of-state drivers in Georgia are more common than many people realize—and they often raise complex legal issues related to jurisdiction, insurance, and liability. Fortunately, Georgia law, including O.C.G.A. § 40-12-1, allows injured parties to pursue justice without leaving the state.
With Kevin Patrick Law on your side, you’ll have an experienced team ready to handle every aspect of your case—so you can focus on healing while we focus on fighting for you.
Contact Kevin Patrick Law Today
📍 Serving all of Georgia, including Atlanta, Decatur, Marietta, and beyond
📞 404-566-5880
🌐 www.kevinpatrick.law
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