Car Accident Outside Of California
If you have been in a car accident outside of California, you could still collect compensation for your injuries. Call our top rated car accident attorneys today to see how we can help you.
Each year, thousands of Californians get involved in car accidents outside of the state. Whether you are on a business trip, or a vacation, accidents are still bound to happen. Fortunately, there are some steps you can take to prevent an accident. In the unfortunate event that you were involved in an accident, there are still steps you can take to make sure that you get compensated for your injuries. Questions that our clients ask us are: what should I do if I have been involved in an accident outside of California? Can I still sue someone if they do not live in California?
Car accidents result in all different types of damages, from lost wages to property damage to medical bills. Medical bills are especially common because accidents almost always end up in a type of injury. If you are involved in an accident in California, you want to make sure you are prepared. Our car accident attorneys are available and on standby 24/7 to make sure that you have taken all the necessary steps to make sure that you get just compensation.
Where do you file your lawsuit?
For all accidents that occur in California, you must file a lawsuit in a California court. For example, if the accident occurred in Los Angeles, then you must file the lawsuit with the Los Angeles Superior Court. However, if you have been involved in an accident outside of California with someone who does not reside in California, you must file the lawsuit in one of two places:
- Where the car accident occurred. For example, if the car accident occurred in Nevada, then you must file the lawsuit under the Nevada courts.
- Where the defendant resides. For example, if the accident was in Nevada, but the negligent party lives in Arizona, you could also file the lawsuit in Arizona Court. In this example, the plaintiff, also known as the party filing the personal injury lawsuit could file a lawsuit under Nevada court system or Arizona court system.
Which state's laws apply?
When determining which states laws apply, the courts will look into where the accident occurred. If the accident occurred in a different state where the lawsuit is brought, then the court will most likely use that state’s laws. Laws may include vehicle codes and fault laws.
What should I do if I have been involved in a car accident outside of California?
- After an accident, it is very important that you move your vehicle out of the way to prevent any other future accidents.
- Once the vehicles are moved out of the way, call the local police department so they could draft a police report.
- Even if you do not reside in that state where the accident occurred, do not wait to visit the doctor. This could be used against you when you file a lawsuit against the negligent party who caused the accident. Sometimes, those involved in an accident may suffer injuries that do not show themselves until days later. You may be able to detect any injuries, such as traumatic brain injuries or spinal cord injuries early when you visit the doctor as soon as possible.
Police Traffic Report
If the police created a traffic report of the accident, and you’re unable to retrieve it, contact our attorneys for assistance in retrieving a copy of the police report. Usually, police reports are very important when filing a lawsuit against the negligent party. The police report essentially describes the accident, along with the parties involved.
What if I have been involved in an accident with a driver who does not reside in California? If you are a resident in California, and the party who caused the accident does not live in California, you could still file a lawsuit in California courts, because that’s where the accident occurred. California law requires all drivers to have insurance that complies with California insurance laws.
What if I was also at fault in the accident?
California laws specifically advocate for comparative negligence laws, which allow the victim to recover compensation, decreased by their liability. But, not every state has comparative fault laws. For example, other states simply rule that if you have been involved in an accident, even if you were partially at fault, you will not be able to collect any compensation.
What if I have been involved in an accident with someone who does not reside in my County?
If you have been involved in an accident with someone who does not necessarily live in your same county, it is advised that you file a lawsuit in the county where the accident occurred. For example, if you reside in San Bernardino County, but the accident occurred in Los Angeles County, then you should most likely file a lawsuit in Los Angeles County. Since the accident occurred in Los Angeles County, then that County’s vehicle laws will apply.
When should I file my lawsuit?
A very important factor that we want all of our clients to know is that time is very important. As soon as you have been involved in an accident, you should speak to a top rated car accident lawyer. A car accident attorney will be able to tell you exactly when you should file the lawsuit. Each state has a different time limit. For example, in California and Nevada it is 2 years. But, this rule may change depending on the state. Some states may have it sooner. If you miss the time limit for filing your lawsuit, you could risk having your entire case dismissed.
What information do I need after an accident?
After an accident, you should exchange information with the other parties. Specifically, it is very important that you get the below information:
- Full name of the other parties involved
- Home address
- License plate number
- Phone number
- Driver’s license number
- Insurance Company
- Insurance policy number
If you’re involved in a hit-and-run accident outside of California, the odds are that the negligent party who ran away most likely will be held responsible, and has violated some type of vehicle code. Almost every state has a law that makes hit and run illegal. A driver who has hit another vehicle and driven away could be potentially liable for fines, jail time, or even a revocation of their license.
Contact our successful car accident attorneys to see how we can help you with your car accident lawsuit. We have attorneys with decades of experience ready and able to help you. Call us for a free consultation today. Regardless of where the accident occurred, you do have the right to file a lawsuit against the negligent party. But, it is important to keep in mind that each state’s vehicle laws are different.
Let us help you get the compensation and justice you deserve. Our car accident attorneys are dedicated to making sure that all of our clients get the help they deserve. Our contingency fee attorneys are available today.