- October 28, 2019
- In accidents,auto Accidents,car Accident,orange County Personal Injury,personal Injury Claim
Injured in an Accident Outside of California?
Even when you are traveling, whether for business or for pleasure, the risks of getting into an accident are just as high as when you are home. In fact, the risk of accidents are slightly higher due to the factors of unfamiliar roads and highways, different driving laws, and more frequent Uber/Lyft trips. No matter how cautious you may be, unfortunately, the risk of suffering an accident is still a possibility. Due to the fact that there is only so much you can do, in regards to other drivers.
Now, let’s say the odds were against you and you suffered a personal injury as a result of the negligence of another party. Either it was while you were riding passenger in an Uber/Lyft or driving through an intersection when you were suddenly hit by a driver who ran a red light. Fact of the matter is, you now have to decide how you want to proceed.
Whatever you decide to do, the most crucial steps are as follows: take care of you and your injuries, gather information of all parties involved, and call law local enforcement to file a report.
For more information on what to do after you’ve been involved in a serious car accident, click here.
Different State, Different Laws
If you decide to pursue legal action against the driver(s) involved, you must now figure out which state to file your claim in. Depending on the state the accident occurred in and where the at-fault driver resides, you are only able to take legal action in either of those states. Also, the applicable laws might be different in other states, so you might be entitled to different types of compensation.
For example, if you reside in California and are rear-ended in Oregon, but the at-fault driver lives in California as well, you have the option of filing suit in either Oregon or California. However, if the at-fault driver lives in Oregon, then your options limit down to only being able to take legal action in Oregon.
As mentioned earlier, different states have different laws. For instance, California is a “fault” state, whereas Oregon is a “no-fault” state. The laws of the state you file an accident claim under will dictate the initial steps you take for your case.
In a state with a “fault” system, you will need to file an injury claim with the at-fault party’s insurance provider. You are not obligated to file a claim with your own insurance provider first. In other words, if another party caused the accident, you would seek compensation from that carrier instead of your own.
In states that follow the “no-fault” system, you are required to file a claim with your own insurance carrier, regardless of who you believe caused the crash. If your damages exceed what your insurance carrier would pay, you would then file a claim against the party who caused the accident.
Contact an Experienced Accident Attorney
If you or a loved one has suffered an accident in California, it is best to discuss your legal options with an experienced California licensed attorney as you may be entitled to compensation. The attorneys at the Law Offices of Samer Habbas & Associates have achieved over $135 million for their clients. For more information or to schedule a complimentary consultation with one of the attorneys, call 949-727-9300.
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