What is “Service by Publication” for Uninsured Motorists in Georgia?

If you cannot find the person who hit you, GA law allows you to sue them anyway to collect from your insurance company for uninsured motorist coverage. 

But first, you have to try to give the other driver notice of the lawsuit. This is known as “Service of Process”. 

But, because you cannot find the other motorist, you can give notice by publication.

Under Georgia law, “service by publication” allows legal notices to be published when an uninsured motorist is either out of state or actively avoiding service.

But, plaintiffs must show due diligence in attempting personal service before resorting to publication.

What Does “Due Diligence” Mean for Service by Publication?

“Due diligence” refers to the reasonable effort a plaintiff must make to serve a defendant personally.

This standard increases if the statute of limitations (time period to file the lawsuit) has expired or the defendant contests service.

What is Laches, and Does it Apply in Georgia Car Accident Cases?

Laches is a legal doctrine preventing recovery if there’s unreasonable delay causing harm to the opposing party.

In Georgia, plaintiffs must demonstrate diligent efforts to serve the defendant promptly; failure to do so may result in service not relating back to the original filing date, potentially barring the claim if the statute of limitations has passed.