What to Do if You Were Injured in a Car Accident in NYC But Live in Another Country
Many foreign tourists in New York City rent or borrow vehicles and end up in car accidents. If this sounds like you, you may take legal action even if you are not a United States citizen.
After being injured in a New York City car accident, you can file a lawsuit against the negligent driver even though you are from another country. Most New York accident cases are filed in New York courts, although you may file in the defendant’s home state if they are not from New York. If you wish to return home, we can handle much of your case in your absence, but you might need to return for the trial. Foreign travelers in car accidents often fear being removed from the U.S., but this is not always the case. In addition to a lawsuit, you must also contend with insurance claims, depending on the state where you initially rented the vehicle.
After a car, foreign travelers are often overwhelmed by potential legal actions. Our NYC car accident lawyers can help put you at ease and hopefully get you compensation for your injuries. For a free case review, call The Carrion Law Firm at (718) 841-0083.
Filing a Lawsuit if You Live in Another Country But Were injured in an NYC Car Accident
After a car accident in New York City, you might be severely injured with a heavily damaged vehicle and have no way to pay for all your expenses. This situation is especially challenging for travelers from other countries who might have difficulty accessing their finances at home to pay for things like medical care or a replacement vehicle. Our Queens car accident lawyers can help you file a personal injury lawsuit against the other driver so you can claim compensation for your injuries.
All people present on U.S. soil are protected by its laws. This means you can sue a negligent driver for your injuries even if you are not a United States citizen. One of the first questions our team can help you answer is where you should file your lawsuit. You must file your case in a court that has jurisdiction over the accident. Generally, this means filing in the state where the accident happened (i.e., New York) or the state where the defendant lives.
If the other driver in your case also lives in New York, you will definitely file your lawsuit in a New York court. However, if the other driver lives in another state, you might have the choice to file in the defendant’s home state, where the court would have jurisdiction over the defendant. An attorney can help you decide which option is best for your case.
Even if you are not a United States citizen, the laws of your home country cannot be applied to your personal injury lawsuit. Because the accident happened in New York City, your home country likely has no authority over the matter. Even if you file the case in a different state, New York laws will likely still apply.
Do I Need to Stay in the United States After Filing a Lawsuit for an NYC Car Accident?
Car accidents often leave drivers seriously injured, and you might want to return to your home country to recover from your injuries. However, you will probably have to remain in New York for a little while. Our Bronx car accident lawyers can help you prepare your lawsuit while you focus on recovering. When beginning your lawsuit, you might be needed for certain hearings or meetings. Once your lawsuit is filed, and we are awaiting trial, you might be able to return to your home country until your trial begins.
Depending on what is needed for your case, we might be able to conduct it in your absence. For example, if you do not plan on pursuing a trial but would rather agree on a settlement, we might negotiate the settlement while you return home. However, you must be present if you are needed to provide testimony in court.
Do I Have to Leave the Country After a Car Accident in NYC?
Many injured drivers worry about getting into legal trouble after a car accident. If you plan on staying in the United States long-term, you might be worried about deportation. As long as you are lawfully present in the United States, you should not face deportation for being in a car accident. However, if you are found criminally responsible for the accident, you might face deportation or other sanctions.
In the United States, people may be civilly liable and criminally responsible for the same incident. Car accidents are not necessarily criminal incidents. Even drivers liable for an accident are not necessarily charged with criminal offenses. However, certain circumstances that lead to car accidents are considered crimes. For example, someone may be criminally charged if they caused an accident because they were driving while intoxicated.
People who are not citizens might face deportation if they are convicted of a crime. If you are unsure about potential legal penalties or criminal charges in your case, call our Staten Island car accident lawyers for help immediately.
Does Insurance Cover Drivers from Other Countries in NYC Car Accidents?
In New York and the rest of the United States, all drivers are required to have insurance. If you are involved in an accident without insurance, you might face legal penalties even if you are not at fault for the crash.
Many foreign tourists do not purchase insurance during their time in New York City. However, many foreign tourists rent cars to take road trips around New York and other states. When renting a car, you should be covered by insurance. How your insurance works might depend on the state where you rented the car.
New York is a no-fault insurance state, meaning drivers are covered by their personal injury protection (PIP) insurance no matter who is to blame for the collision. If you rented your car in a different state that follows fault-based insurance laws, you might have to file a lawsuit against the other driver’s insurance.
Your coverage depends on the terms of the insurance policy connected to your rental car. Our Brooklyn car accident lawyers can help you figure out how to file a claim and get compensation.
Call Our NYC Car Accident Attorneys to Schedule a Free Case Evaluation
If you are from another country and ended up in a car crash while visiting New York City, our Long Island car accident lawyers can help you explore legal options. For a free case review, call our team at The Carrion Law Firm at (718) 841-0083.