If you get injured in an accident with an out-of-state driver, you may be wondering if it’s possible to sue for damages. Insurance does cross state lines, so you should have that option. Cases like this can get complicated though, so it may be a good idea to talk to our Westchester County car accident attorneys before you take legal action.
Can I Sue an Out-Of-State Driver For Damages?
You can sue an out-of-state driver for damages if they hit you and cause serious injuries. You just treat this like any other accident. Pull over, get the other driver’s insurance information, and call the police so that they can make a report.
There are some things to be aware of when you sue an out-of-state driver though. Some important considerations are:
The statute of limitations: If the accident happened in New York, the NY statute of limitations for personal injury cases applies. That means that you have three years to take legal action after getting hurt in an accident. If you get hit by a driver from New Jersey or Pennsylvania, those states have a two-year statute of limitations for cases like this. Those statutes do not matter though. Only the statute of limitations in the state where the accident occurred is a factor.
Coverage limits: Different states have different coverage limits. If you get hit by an out-of-state driver who comes from a state with less stringent rules than New York, you may have to worry that their policy isn’t robust enough to fully compensate you. You may need to rely on parts of your own policy, like your underinsured motorist coverage.
What Kinds of Damages Can I Win From an Out-Of-State Driver?
When you sue an out-of-state driver you can recover compensation for your economic losses and other damages you suffered as a result of the crash. You should be reimbursed for things like:
- Medical expenses
- Lost wages
- Loss of earning potential
- Property damage
- Loss of enjoyment
- Pain and suffering
Do I Need a Lawyer?
You are not required to hire a lawyer when pursuing a personal injury claim, but we do recommend at least meeting with an attorney before you decide to go it alone. Proving negligence in a case like this can be difficult, and you probably don’t have as much experience negotiating with insurance companies as our personal injury lawyers do.
An attorney from our firm can help you fight for maximum compensation and hold a negligent driver accountable. They can also help you deal with any complications that could arise when suing a driver from a different state.
Talk to a Personal Injury Attorney
So if you have been hit by an out-of-state driver and you want to learn more about your legal options, contact Hausman & Pendzick. We can schedule a free case consultation and tell you more about your legal options.