§ 28-2326 — Acceptance of rights and privileges; appointment for service of process

A. The rights and privileges conferred by sections 28-2321, 28-2322, 28-2323 and 28-2324 and section 28-3152, subsection A, paragraphs 4 and 5 are deemed accepted, and the acceptance is evidenced, by a nonresident:

1. If the nonresident or the nonresident's agent operates a motor vehicle on a public highway under the provisions of and the conditions imposed by sections 28-2321, 28-2322, 28-2323 and 28-2324 and section 28-3152, subsection A, paragraphs 4 and 5.

2. If the nonresident or the nonresident's agent operates a motor vehicle on a public highway other than under the provisions of sections 28-2321, 28-2322, 28-2323 and 28-2324 and section 28-3152, subsection A, paragraphs 4 and 5.

3. If a motor vehicle that is owned by a nonresident is operated on a public highway with the owner's express or implied permission under circumstances that render a resident motor vehicle owner liable for damages to person or property caused by the operation.

B. Acceptance of the rights and privileges stated in subsection A of this section constitutes the appointment of the director by the nonresident as the nonresident's true and lawful attorney on whom process may be served in an action against the nonresident that arises from an accident or collision involving the nonresident, the nonresident's agent or any other person operating a motor vehicle owned by the nonresident with the nonresident's express or implied permission on a public highway.

C. This section also applies to a nonresident defendant who was a resident of this state at the time of the accident or occurrence that gave rise to the action.