Getting into a car accident can be stressful enough, but when you are hit by an out-of-state driver you may question how their residence may affect legal proceedings. Whether you are traveling, commuting to work, or simply driving in your everyday life, it is important to understand how to handle the aftermath of an accident with a driver who lives in another state. Work with a Middlesex County auto accident attorney for skilled legal representation during your claim or lawsuit.
What Happens if I Get Hit by an Out-of-State Driver?
One of the most important things to note when you are struck by an out-of-state driver is that the laws you will abide by will generally be those of the state where the accident occured, regardless of where the driver is from. Most states have what is known as “territorial jurisdiction.” This means that a state has jurisdiction over people and actions that occur within the state, including car accidents.
However, the out-of-state driver’s home-state laws may still have some authority when it comes to insurance. The type of insurance a driver carries is determined by their home state. If the driver has valid auto insurance from their state, it should cover the accident regardless of where it took place. If the out-of-state driver is uninsured or underinsured you may be able to file a claim with your own insurance provider.
Determining fault is one of the most important factors in any car accident. When one driver is not from the state this can become slightly more complex. Fault will be determined based on evidence from the scene of the accident, police reports, witness statements, medical records, and more.
While New Jersey operates under comparative fault, not all states do. Comparative negligence is shared liability between two or more parties. Based on the evidence a court can assign a percentage of the blame on all drivers involved though they can still be entitled to compensation. In other states, however, if a driver contributed even somewhat to the collision they may be ineligible to receive compensation.
Can I File a Lawsuit Against the Out of State Driver?
If you are unable to obtain compensation through insurance or an agreeable settlement cannot be reached, you may be able to file a lawsuit against the negligent driver. The process will generally be the same as filing a lawsuit against a driver from your state. The first step you should take in this process is to hire an experienced attorney to represent you.
It is important to consider personal jurisdiction, meaning a court’s ability to make a legally binding decision regarding both you and the other driver. A court generally has jurisdiction over accidents that happen in the state but it is important to know for sure.
In extremely complex cases you may even need to endure court dates in both your state and the other driver’s home state. The process can be complicated, so reach out to a skilled attorney for experienced representation and advice.
