What happens if I get into an out-of-state accident? Most people don’t realize what a challenging ordeal this can be until they are in this situation themselves. Do you file an insurance or personal injury claim in your own state, the state where the other driver lives, or the state where the accident occurred? Is there any way to get around the jurisdictional challenges involved?
The simplest option is often to file in the state where the accident occurred, but you may be able to file in your own state, depending on the circumstances. Working with a car accident lawyer with experience handling issues related to jurisdiction in cross-state car accident claims can make this process much less stressful. If you’ve been in an accident out of state, a Phoenix car accident lawyer can determine the proper jurisdiction in which to take action.
Understanding Jurisdiction in Cross-State Car Accidents
Jurisdiction in car accident cases is usually straightforward. For example, suppose an Arizona resident gets in a car crash with another Arizona resident in Arizona. In that case, they will file a claim in the state where the accident occurred and where both drivers live.
However, cross-state car accident claims are more complicated than that. Who has jurisdiction if you get into an accident out of state? What if neither driver is from the state where the accident occurred? While you would always file your insurance claim with the other driver’s insurance company, what happens if the insurance company does not offer a reasonable settlement and you need to file a lawsuit?
The simple answer is to file your suit wherever the accident occurred. The courts in that state have jurisdiction. If you were injured in Nevada, you can file in Nevada. If you were injured in California, you can file a lawsuit in California. Your attorney will know whether to file in state court or county court.
Common Jurisdictional Challenges in Cross-State Claims
There are some situations in which a lawyer may be able to challenge jurisdiction. If you’re injured in an accident in Arizona but the other driver is from New York, you might not want to travel to New York to file a lawsuit. If the New York driver has what is known as “minimum contacts” with Arizona, you may be able to file in Arizona instead. This phrase simply means that they have a connection to the state, allowing that state to claim jurisdiction. For instance, a New York driver who comes to Arizona every year or owns a business in Arizona might have a sufficient connection to the state to allow you to file in Arizona.
The same logic applies if you are injured in New York but wish to file in your home state of Arizona. If the other driver has minimum contacts with Arizona, you might be able to file in Arizona instead of New York. The laws governing personal injury cases vary from one state to another, so you should ask your lawyer whether there is any advantage to filing in the state where you were injured rather than your home state.
You should also ask your lawyer whether there is any advantage to filing in federal court rather than state court. Federal courts have jurisdiction in cases involving citizens of two states and damages of at least $75,000, so you may wish to consider federal court if your claim meets that threshold.
Legal Solutions to Cross-State Car Accident Claims
Legal solutions in a cross-state car accident claim depend on the specifics of the accident. For example, if you’re an Arizona driver and you get in a car accident in California, you would generally file in California. However, if the other driver has connections with Arizona, you might be able to file in Arizona if you prefer.
If you have a particularly challenging jurisdictional question, an experienced car accident lawyer can find a legal solution for your cross-state car accident claim.
Steps to Take After a Cross-State Car Accident
Take these steps after any cross-state car accident:
- Pull over to get out of the way of traffic
- Call 911 and file a police report about the accident
- Exchange information with the other driver, being sure to get their address and phone number
- Document your car accident injuries, damage to your vehicle, and the conditions at the accident scene
- Seek medical attention for your injuries
- Keep all medical bills and documents you receive
- Report the accident to your insurance company
Although jurisdiction for a lawsuit may be complicated, insurance should cover car accident victims no matter where in the United States the accident occurred.
How Silkman Law Firm Can Help
Your first step after seeking medical attention and reporting the accident to your insurance company should be to contact a skilled car accident lawyer in Phoenix, AZ. Silkman Law Firm Injury & Accident Lawyer can determine which state has jurisdiction and where you should file a lawsuit if necessary. If there’s any way you can file in Arizona, we’ll let you know. If you have to file in another state, we’ll advise you on how to proceed.
Deadlines for filing lawsuits vary from one state to another. For instance, the statute of limitations in Arizona gives you two years to file a personal injury lawsuit, but other states may give you less or more time to file. We’ll determine the applicable statute of limitations in the state where we need to file to ensure we do so before the deadline and preserve your right to seek compensation.
Contact Our Phoenix Car Accident Attorney to Learn More
Alex Silkman is a car accident lawyer in Phoenix, AZ, committed to fighting for his clients. We’re always available to meet with you wherever you find it most convenient, whether that means our office, your home, or the hospital. We’ll take the time to get to know you and understand your goals for a resolution of your case. After you hire us to represent you, we’ll always be here to discuss your case and fight the good fight for you. Contact us today for a free consultation to discuss your situation.
