The actual procedure for service of process as outlined in this statute is fairly straightforward but is overshadowed by the litany of definitions involved in describing exactly what is meant by a ‘nonresident motor vehicle owner’, so it would be best to dispense with those definitions first. According to this statute, ‘nonresident motor vehicle owners, etc.’ include nonresidents who:
- Own a motor vehicle
- Operate a motor vehicle
- Accept the privilege of driving or ownership of a motor vehicle in this state
- Allow a vehicle under their ownership, lease or control to be operated with their knowledge and permission
- A resident who becomes a nonresident or conceals their whereabouts
- Accepts a license to drive in this state, either in person or by someone legally qualified to accept the license on their behalf
Now that the definitions are out of the way, if an individual meets any of these qualifications and a vehicle under their control, lease or ownership is involved in some sort of accident or collision, then service of process that is a result of that accident can be served against that nonresident individual.
48.171 Service on nonresident motor vehicle owners, etc.—Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him or her to be operated with his or her knowledge, permission, acquiescence, or consent, within the state, or any resident of this state, being the licensed operator or owner of or the lessee, or otherwise entitled to control any motor vehicle under the laws of this state, who becomes a nonresident or conceals his or her whereabouts, by the acceptance or licensure and by the operation of the motor vehicle, either in person, or by or through his or her servants, agents, or employees, or by persons with his or her knowledge, acquiescence, and consent within the state constitutes the Secretary of State his or her agent for the service of process in any civil action begun in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
