Legal Question in Personal Injury in Bahamas

Re: Hit in Atlanta, GA by a Bahamian in Rent A Car

There are many considerations. First the Bahamian's personal insurance, if he has any, is primary. If he has none the rental company will offer a minimum of $25,000.00. Anything over that will come from your, if you have any, under-uninsured motorist coverage.

If suit becomes necessary, there is an international agreement on service of suits upon foreigners in their own country. There is also the Georgia non-resident motorist law, that would be simpler, if allowed on a foreign national.

It appears that you will need legal representation.

Re: Hit in Atlanta, GA by a Bahamian in Rent A Car

OCGA 9-10-90 allows you to sue a nonresident individual who causes a traffic accident in Georgia. See also,

9-10-91.

A court of this state may exercise personal jurisdiction over any

nonresident or his executor or administrator, as to a cause of

action arising from any of the acts, omissions, ownership, use, or

possession enumerated in this Code section, in the same manner as if

he were a resident of the state, if in person or through an agent,

he:

(1) Transacts any business within this state;

(2) Commits a tortious act or omission within this state, except

as to a cause of action for defamation of character arising from

the act;

And you can get service of process under OCGA

9-10-94.

A person subject to the jurisdiction of the courts of the state

under Code Section 9-10-91, or his executor or administrator, may be

served with a summons outside the state in the same manner as

service is made within the state by any person authorized to make

service by the laws of the state, territory, possession, or country

in which service is made or by any duly qualified attorney,

solicitor, barrister, or the equivalent in such jurisdiction.

You may additionally have to follow the service provisions of the Hague Treaty.

The Georgia Statute of Limitations would be 2 years from the date of the accident. The Bahamas Individual is liable for all the damages, but good luck collecting. You can sue him or her in the county (Fulton or DeKalb) in which the accident occurred. Also, if there is no $ from him, check your Uninsured Motorist's Coverage and the Minimum State Policy issued by the AutoRental Company. If you go after your Uninsured Coverage you MUST NOTIFY them soon after the accident.

You need a lawyer to navigate this one.

Hugh Wood

Re: Hit in Atlanta, GA by a Bahamian in Rent A Car

The key to this is insurance.First you need to determine if the guy bought personal accident insurance from the rental car company and the limit of that coverage.You will need to make a claim for your personal injuries and your property damage against that coverage.Also you may have coverage (U.M., collision,etc.)under your own policy so report this to your insurer immediately.If you want me to look at your policy and help you sort through all this call me at (770)427-8468 for afree consultation. Ron Lowry