Being involved in a car accident out of state can be stressful and confusing, especially if there’s a case of serious injury involved. An out-of-state car accident occurs when you’re away from your home state.
For example, if you live in New York and get into an accident in Colorado, that is considered an out-of-state accident. If you’re facing a similar situation, many questions will most likely pop up, including what your insurance will cover and how to file a lawsuit for all the damages incurred.
However, before you get the answers to those questions, any good accident lawyer would advise you to first pay attention to your immediate situation, which is the accident itself. Doing so will help your case in the future if you do decide to file a lawsuit.
Here’s what you need to know if you get into an out-of-state car accident:
What to Do in the Immediate Situation
When it comes to an out-of-state auto accident, you’ll first want to ensure your safety as well as your passenger’s, if you have any. If possible, exit the vehicle right away and move to a safe location where you can check for any injuries. After that, even if you don’t think your injuries are severe, call emergency services immediately.
It’s a rule that authorities are supposed to file a report, but you should also do your own documentation if you’re capable of doing so. Take pictures of the damage and anything else that might be helpful to you in a lawsuit, like any relevant landmarks, your car’s position on the road, and any injuries you acquired
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After this, exchange insurance information with all parties involved in the accident. Call your insurance company to notify them of the accident, and then contact an out-of-state accident lawyer who can assist you in managing the legalities of the situation.
Rules Regarding Filing a Lawsuit
If you want to pursue a lawsuit, you need to familiarize yourself with the laws regarding an out-of-state auto accident. For instance, the general rule is to file a case in the state where the accident occurred or where the defendant resides. However, you can’t file a lawsuit in your home state if the accident didn’t happen there, which can be inconvenient.
Once you’ve decided where you want to file your personal injury claim, you should get to know the laws that apply to it. You’ll need to be familiar with the state laws involving fault regulations, negligence, and statute of limitations. They can affect the outcome of your case.
It’s important to hire the services of an experienced out-of-state accident lawyer. They are a legal professional who can help you maneuver the intricacies of your legal affairs and iron out the complicated details to ensure you’re getting the best outcome possible.
Filing a Lawsuit Against a Business
If the party involved in your out-of-state accident is a business, there are certain laws you should take note of. For example, if you get into an accident with a truck driver or an employee driving a company vehicle, they are considered accidents involving a business.
The general rule is that you can sue a business in the state where the accident occurred or where the business is located. If you decide on the latter, there are specificities to determine where a company resides.
If you’re dealing with a corporation, it is considered a citizen in the state where it was incorporated or where its principal office is. Meanwhile, if you’re handling an LLC or other unincorporated entities, you can file a lawsuit in the state where one of its members is a citizen.
Conclusion
Getting into an auto accident outside your state of residence can be confusing, which is why you must know the necessary information to help you seek justice for your situation. You should also hire the professional services of an experienced accident and malpractice attorney.
If you need consultation in New York, contact our experienced accident lawyers at Ronemus & Vilensky so that we can give you the support and guidance you require to attain your justice.