Legal Question in Personal Injury in Georgia

Tort - Auto accident

My wife was hit one year ago, the driver(here and after ''other driver'') ran the red light and struck her auto. The other driver plead Nolo, and paid the ticket. My wife was out of work, has medical bills, thus, was injured, soft tissue, and had the car fixed ( by Progressives people- the other drivers insurance company). She did not allow her claim to be settled , or pursue it.

Now, a year later, I want to pursue. The Other driver was visiting Atlanta at the time from Savahna.

Question One. Has the statute of limitations ran out?

#2. What jurisdiction do I file the tort claim in? where accident? my county? other driv. county?

#3. Who is defendant? pursue other driv, or Progressive?

#4. I cant find other driver, not at addy on police report any more, how serve?


Asked on 1/18/08, 12:03 pm

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Tort - Auto accident

You have 2 years in which to file a lawsuit for personal injuries, so you should still have some time there.

If the defendant lives in Savannah, you would file there, but since you do not have his address, how do you know he is from Savannah? If you cannot find his address for service through diligent efforts, you may be able to serve him via publication. Make sure you keep his insurance company up to speed on everything you do, including copies of the complaint.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

Read more
Answered on 1/21/08, 7:31 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Georgia