An out-of-state car accident occurs when you live in one state but get in an auto accident in another. This process is further complicated when you need to file a personal injury lawsuit against the other driver. But where should you file your insurance claim, let alone the lawsuit?
These questions can be answered with a little help from a Denver personal injury attorney. Keep reading to get a generalized understanding of out-of-state accident laws before hiring an attorney to assist with your case.
About out-of-state car accidents
An auto accident can happen no matter how careful you are. And driving out-of-state can be both confusing and anxiety-inducing, further increasing the chance of an accident. Out-of-state accidents occur when a driver gets in an accident in a state they don’t reside in. This leaves drivers questioning where to file their insurance claim and personal injury lawsuit.
Generally, if you’re injured in a car accident out-of-state, you can either file in the state the accident occurred in or in the state where the defendant resides in.
Here’s an example: You live in Colorado, but decide to visit a friend in Florida. While driving through South Carolina, you are struck by an intoxicated driver. They live in Texas, but are visiting family in South Carolina. You are injured from the accident and decide to sue the intoxicated driver. You have the choice to sue them in South Carolina (where the accident happened) or in Texas (the state where the intoxicated driver resides).
State laws matter
State laws are extremely important when it comes to out-of-state car accident claims. The statute of limitations law, for example, gives a deadline for filing a claim and varies per state. In Colorado, injury-related lawsuits can be filed up to two years after an accident. This “timer” typically starts on the day of the accident.
This is important to know, especially if you experience injury symptoms related to the accident much later on. A personal injury lawyer can help you navigate state laws like the statute of limitations and other deadlines so that you receive full compensation for your injuries.
When to hire a Denver Personal Injury Attorney
A personal injury lawyer can assist you with questions regarding your out-of-state car accident claim. While it’s not required to have a lawyer in order to pursue a personal injury lawsuit or car accident claim, it is highly beneficial. These professionals know exactly how to navigate the confusing claims process and can help you get the most out of your lawsuit.
It may be time to contact a Denver personal injury attorney if you’ve experienced the following:
- A denied insurance claim
- An unfair settlement amount
- A serious injury has occurred from a car accident, slip and fall, or workplace accident
For more information regarding out-of-state car accidents or personal injury lawsuits, contact Lampert & Walsh.