Accidents Caused by Out-of-State Drivers

Nobody anticipates being injured in a car accident after getting behind the wheel of a motor vehicle, yet crashes do happen. In some cases, motor vehicle collisions are caused by an out-of-state driver who is in Oceanside on vacation or on business. Discovering that you have been injured in an accident caused by an out-of-state driver might initially result in some anxiety as you wonder whether you can hold that driver accountable for your losses. Our attorneys have experience in holding negligent drivers accountable whether or not the driver holds a license and registration in another state.

In most car accident cases, the first step in seeking compensation is to file an insurance claim. The good news is that the laws of the state where the accident happened are typically the laws that will govern your car accident insurance claim. So, for example, if you were struck by an out-of-state driver in Oceanside, California, California law would govern, and you would have the same rights as you would against the out-of-state driver as if he/she was a resident of California.

As the California Department of Insurance explains, most drivers’ auto insurance policies “provide coverage in other states, U.S. territories and possessions, and Canada.” As such, even if you were injured by an out-of-state driver, you will likely still have the option of filing an insurance claim with that driver’s insurer, even if the insurance company does not do business in California. If the responsible driver does not have sufficient coverage, you may be able to obtain the remaining compensation you deserve by filing a claim with your own auto insurance company, assuming you have uninsured or underinsured motorist coverage on your own policy.

If you cannot obtain the compensation you are entitled to receive through an auto insurance claim, you may be able to file a car accident lawsuit against the out-of-state driver in the state where the crash occurred. For example, under California law, California courts have jurisdiction over car accident cases that occur in the state.

To give you an example, imagine that an out-of-state driver from Arizona took a road trip to San Diego County and caused a traffic collision in which a Oceanside driver was injured. That Oceanside driver would be able to file a car accident lawsuit against the Arizona driver in a California court in San Diego County, and the injured party would be entitled to all the same damages.

If you were injured in a motor vehicle collision caused by an out-of-state driver, it is important to know that you have options to seek compensation. An experienced Oceanside car accident attorney at our firm can advocate for you every step of the way, from the early stages of filing an insurance claim to taking your car accident lawsuit to court. Contact the Walton Law Firm for more information about our personal injury law services.