If I got into a car accident in one state but the other person lives in another, in which state do o I file a civil lawsuit?

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If I got into a car accident in one state but the other person lives in another, in which state do o I file a civil lawsuit?

I was involved in a hit-and-run accident in Atlanta Georgia on December 13 of last year. The person who struck my car is a Virginia resident. Virginia does not report insurance information when you run the license. When my detective attempted to get in contact with the individual who struck my car and fled the scene they were less than cooperative and refused to give out their insurance information. I have liability and my insurance company is not covering the damages to my car. My detective stated to me that because he’s in Georgia and the other person is out of state there is a limited amount of things he will be able to do to help me. He suggested I file a civil lawsuit against the person, however where do I file?

Asked on March 29, 2017 under Accident Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are the plaintiff.  The party you are suing is the defendant.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the incident that is the subject of the lawsuit occurred.
For your convenience, it would be advisable to file your lawsuit in VA, the state where  you reside which is also the state where the defendant resides.


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