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 New York City car accident 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 payout. 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 car accident 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.
File Insurance in Home State or in NY if I’m in an Accident?
When traveling on vacation or business you have a lot on your mind. Gary Falkowitz understands that the last thing on your mind is what should happen if you’re in an auto accident. When you’re at home you simply switch insurance information and head on your way. What is the protocol for getting in an accident while in NY? Should you wait to file with your insurance at home, or should you file while you are still in New York?
I’m from another state, what do I do?
The first question, after assessing your initial damages, is where do you file? You want to contact your insurance agency immediately and file in the state that you have your accident. So, in this case, you will be filing in New York. Every state has different laws and New York is a no-fault state, so you’ll need to file under your own insurance. Regardless of who caused the accident, your personal injury protection will determine how you are compensated for medical bills and other financial losses.
What is the statute of limitation on a car accident in New York?
There are two statutes of limitations that you should pay attention to after you have your accident. The first is the window of time that you have to file your accident with the DMV. If there is property damage to either driver, in the excess of 1,000 dollars, you need to file an MV-104 form within 10 days of your accident. If you want to file a lawsuit against the other party in your accident, you have up to 3 years to do this.
What does no-fault mean?
There are only 12 states that have an active no-fault statue. No matter who is at fault in the accident, as long as drugs or alcohol isn’t involved, your own insurance company is responsible for your coverage. Your insurance coverage will cover the policy limits and mandatory minimums of New York state. Thankfully, this means you don’t have to sure the other party’s insurance company to cover your injuries and expenses. You usually have to report your accident to your insurance company within 30 days, so we recommend contacting them as soon as possible.
Below we’ve listed the steps you should take the moment that you have an accident in New York:
Stop. Find a safe place and pull off the road.
Accidents can be stressful, so it’s easy to forget to get out of the way of oncoming traffic. Before you move yourself or your car, make sure that nobody is injured. If you can’t move your car, then you should get to the side of the road away from the accident. Once everyone involved in the accident is safe, you need to call the police.
Do you have to call the police?
Yes! No matter what state or city you are in, you should always call the police. You have been involved in an accident, so police are necessary to write reports and the cause of the accident. If you leave the scene of an accident without notifying the police you could have to pay a fine, be arrested, or both. You can also lose your driver’s license by leaving. So, make sure that the first thing you do, after making sure everyone is safe, is called the cops. They will fill out a report that you’ll need to provide to your insurance company.
What information should you collect at the scene?
Even though a police officer is going to write a report, we suggest that you go ahead and gather information from the other driver. You also need to prepare to give them your information as well: your name, driver’s license number, tag number, insurance company, address and phone number. Make sure that you collect all this information as well. Don’t forget to get the information of any passengers or witnesses that were on the scene of the accident. You could also make any notes of the weather and take pictures of the scene of the accident.
What will your insurance company ask for?
As we mentioned before, you’ll need to collect some information at the scene of your accident. Once you file a claim with your insurance company, you will be contacted by a claims adjuster. This person could ask you for: your police report, the other driver’s information, witness information, photographs of your car, a medical release form to review your records or even an estimate of the damage done to your car. You really don’t know what they will ask for, so you need to be prepared for anything.
What about a settlement?
This is an important part of an accident. Will you be paid enough to cover all of your losses.? Once you factor in your injuries, property damage, and lost wages you might have to go above your settlement. There is a maximum amount that the state requires to be paid out, and then you’ll have to file a personal lawsuit for the rest. It can be very frustrating trying to tie up all of these loose ends, especially when you live out of state. Having a lawyer can help you streamline this process so that you get the settlement that you deserve.
Do I need a lawyer?
Yes. When you are out of state and involved in an accident it can be a difficult process. You will need to travel back for depositions, make sure you meet your statute of limitations and have an advocate with your insurance company. We cover every aspect of your case to take the stress off of you. We know that accidents can be a frightening process, and we’re here to make the process go smoothly. Stop worrying about whether you are going to have enough money to cover your injuries and damages. Contact us today to set up an appointment to review your case. All of the above information is solely meant to educate our clients and none of this information should be used as legal advice. Only an interview in our office can provide you with legal advice specific to your case.
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.