Do I need to sue in Georgia or Florida

someone wrecked and totaled my car out in Georgia. My insurance paid off my balance but I had a $1000. deductible which I paid. The woman that wrecked my car move from Georgia to Florida. I want to sue her for my deductible. Which state do I have to sue her in. I live in Georgia still.

Asked on August 11, 2018 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You could sue her in Georgia, since the accident occured there, BUT would have to sue in "regular" county court, not small claims (small claims court only has power over local defendants). Since "regular" court is more expensive, slower, and more complicated that small claims, it's not clear it would be worth doing this, especially since you might need an attorney to do this properly (and you would have to pay for the lawyer yourself; you can't recover that cost from the person you are suing). Also, even if you sue and win, if she did not then pay, you'd have to bring a collections action in FL based on the GA judgment in your favor, which would cost yet more money.


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