As the home to numerous resorts and tourist attractions, Nevada has a significant number of out-of-state drivers. Today, many people are moving to Nevada from California. That adds to the frequency of out-of-state drivers being involved in car accidents in Nevada.
As car accident attorneys in Las Vegas, we at Sam & Ash, LLP help clients from out-of-state and car accident victims who have injuries caused by out-of-state drivers pursue what’s right. In the end, we can help you seek the compensation you deserve for a car accident in Nevada or California that someone else caused, no matter where you live. There are a few issues that make pursuing a personal injury lawsuit after an out-of-state car accident different.
If you have been in a car accident in Las Vegas or Southern California that was not your fault, Sam & Ash is ready to assist you 24 hours a day. Contact us right away so your financial recovery is not slowed.
What’s an Out-of-State Car Accident?
When we refer to an out-of-state car accident, we mean an accident in which one driver or the other is not a resident of the state where the accident happened. It could be that a Las Vegas resident has been in an accident in California. Or someone from another state has crashed into your car in Nevada.
It can be an extra scary time, dealing with injuries from a car accident and insurance while out of state. It can be especially difficult if you find yourself hospitalized far from your home and family or to learn that the person who hit you lives thousands of miles away.
However, your first steps in an out-of-state car accident do not change:
- Contact police to report the accident and request emergency medical care if anyone is injured.
- Obtain the drivers’ license, vehicle registration, and insurance information of all drivers involved in the accident.
- See a doctor within 24 hours, no matter what you think your medical status is.
- Contact your insurance company.
An out-of-state car accident should not affect an insurance claim. Most auto insurance policies cover policyholders when they travel in any of the 50 states or in U.S. territories, such as Puerto Rico. Some policies even cover Canadian provinces.
If you have moved – changed your permanent residence – it is important to tell your insurance company so the insurer will update your policy and doesn’t have an excuse to cancel your coverage when you make a claim.
But if an insurance adjustor balks at paying a car accident claim because the accident was in one state and your residence is in another, the insurer may be acting in bad faith. You should speak to a car accident attorney right away to understand your legal rights. Sam & Ash can help.
Filing an Out-of-State Lawsuit After a Disputed Car Accident Claim
If an insurer disputes your claim for any reason, you should speak to a car accident lawyer as soon as possible. There are some potential complications if you must file a personal injury lawsuit to recover your losses in an out-of-state car accident.
Typically, a car accident lawsuit may be filed in the state where the accident happened or where the defendant resides.
So, if you were hit by a California driver in Las Vegas, your suit might be filed in Nevada or in California. The attorneys of Sam & Ash are licensed to practice in Nevada and California and have an office in Newport Beach (Orange County), Calif, and an office in Las Vegas. We regularly work with California residents as well as with Nevada residents who have claims.
But it’s different if both drivers are from out of state. Let’s say a driver from Virginia is hit and injured in Las Vegas by a driver from Florida. If there is a lawsuit, it may be filed in any of the three states. The most likely choice would be to proceed in the state where the defendant lives so he or she could be served with the suit and generally be less able to ignore and avoid the consequences of the legal proceeding.
In such a case, a lawyer not licensed in the state where the suit would be filed would have to associate with a local attorney and get special permission from the other state’s bar. This allows your Nevada car accident attorney to complete the accident investigation in Vegas, while the other attorney deals with paperwork and conducts a deposition of the defendant locally as the suit progresses.
There may be other considerations in an out of state accident, as well:
- If there are multiple drivers at fault, you might file lawsuits in multiple states. After an investigation, you might find one defendant has no insurance nor other assets. If a driver is uninsured or lacks adequate insurance to cover your losses, you may need to file a claim against your own uninsured/underinsured motorist coverage to recover compensation for your losses
- If a commercial driver, such as a truck or tour bus driver, hit you, the attorneys at Sam & Ash would determine where the company was incorporated or where they have their principal place of business, and file a lawsuit there.
- Statutes of limitation, deadlines by which a claim must be filed, vary from state to state. In Nevada and California, the statute of limitations for filing a personal injury lawsuit after a car accident is two years.
Get Help with Your Car Accident that Happened in a different State Today
The aftermath of a serious car accident is a confusing and frightening time. It can be more complicated to resolve an injury claim if you are far from home or the driver who caused your injuries lives out of state.
If you have been injured in a car accident caused by an out-of-state driver or that occurred while you were out of state, Sam & Ash, LLP can help you understand your options. Our Las Vegas car accident lawyers can provide you with a free legal consultation to answer all of your questions. We can help you pursue a claim in Nevada or California or work with attorneys we trust in other states to recover compensation for you.
If you have questions about an out-of-state car accident or what your rights are if you’ve been injured, call us. The consultation is free. We’re available 24 hours a day to help you find the best path forward. Contact us online or at (877) 658-9951 now.