Person Who Hit Me is From a Different State
Car accidents cause a lot of worry and grief to their victims. You never expect to have an accident, and when you do it can be scary. You need to get your injuries checked out, make sure you get your police report and switch information with the other driver. You can check all of these items off your list with an accident you have. All of this is fairly straightforward until you find out that you were in an accident with an out of state driver. Insurance is different in every state, so how will this affect your claim? It’s situations like these where you need to hire an expert like Gary Falkowitz.
Once you switch insurance information, you need to get in contact with them to discuss a settlement. We recommend that you hire legal counsel before you even make it to this step. Most insurance companies are going to try to settle at a lower amount, and an experienced Long Island personal injury lawyer won’t allow this to happen. You need an expert in your corner that knows what to ask for and can get results.
What are my first steps?
Initially, you want to get in contact with the other driver’s insurance company. You should have this information from the accident, or from the police report. New York is a no-fault state, but this is only one of 12 states in the country. So, even if you weren’t at fault, your own insurance has to cover your personal injuries. Technically, this is good news, so you don’t have to chase down someone in a different state. However, the bad news is that there are maximum payments that your insurance will pay out. If you have expenses that exceed your settlement, then you will need to bring a lawsuit against the negligent party.
Where can I file a lawsuit?
When you are filing a lawsuit against a driver from a different state the process becomes more involved. Although the accident happened in New York, you will need to file the lawsuit in the defendant’s state. Some states will allow you to do this through the mail, but in most cases, you will need to travel to that state. It can be difficult trying to figure out the next steps to take. You need to hire a Long Island personal injury lawyer that specializes in handling lawsuits that can help. The entire process can be daunting, especially as you are recovering from your accident. An experienced attorney can handle your insurance as well as getting a settlement from the out of state driver.
What is the statute of limitations on the lawsuit?
Since you are filing a lawsuit out of state, it will be up to that state’s laws to determine the statute of limitations. An experienced Long Island personal injury lawyer can handle every aspect of your lawsuit. If you were going to handle this on your own, you would need to research the statute of limitations for a personal injury lawsuit in that state. You would also have to travel yourself to file the paperwork. Why add extra stress to your recovery process, when you can hire a representative to handle your case for you?
If I’m partially at fault for my accident, can I still receive compensation?
Yes. In the state of New York, you can be partially at fault and still receive compensation. If you have an equal amount of negligence in your accident, you’re entitled to the same amount of compensation as the other party. In New York, this rule is known as pure comparative negligence.
Where should I hire a lawyer for an out of state case?
If you’ve determined that you need to file a lawsuit, in addition to an insurance claim, where do you find your lawyer? If the other driver is from a state on the other side of the country, it is better to hire a lawyer that is local to that area. However, if you are in an accident with someone in New Jersey, it’s completely fine to have a New York attorney represent you. When you are selecting an attorney that is out of state, make sure that you research them as much as possible. You can find out ratings online, and you can do phone or computer interviews. Make sure that you are comfortable with your attorney before you hire them. Also, be prepared to travel to that state, because you will have to make an appearance in court for your lawsuit.
Have you or someone you know suffered from a car accident with an out of state driver in NYC? Now isn’t the time to panic. We can help. Contact us today to schedule an appointment to review your case. Gary Falkowitz is an experienced personal injury lawyer that can help guide you through the process. He can answer any questions you have about out of state personal injury lawsuits.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.