Legal Question in Civil Litigation in Georgia

who should i sue?

I was in an auto accident in which ''Mr. X'' was driving a car insured by a corporation. The accident was the fault of Mr. X and an accident report was filed. It turns out, however, that the corporation let their insurance policy lapse. I have also found out that Mr. X is an officer (CEO, according to state records) of the corporation. Since, according to another employee of the corporation, the corporation ''no longer is in business.'' My question: I need to take someone to small claims court, should it be the guy that hit me or the corporation?


Asked on 6/03/01, 7:18 pm

2 Answers from Attorneys
Robert Windholz Robert S. Windholz, Attorney At Law

Re: who should i sue?

Both. If he was on corporate business or if the business provided the car you have them both or can at least so argue.

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Answered on 6/26/01, 9:49 pm
Hugh Wood Wood & Meredith

Re: who should i sue?

If the corp has been dissolved, then the last stockholders (presum. the CEO) are on the hook personally for the acts of the corporation. Sue both of them and let them figure it out. If you damages, exceed $15,000, you will need to sue in State or Superior Court.

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Answered on 6/27/01, 11:35 am


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