What to Do if You Were Injured in a Car Accident in NYC But Live in Another State
The very purpose of a car is to take drivers and passengers from one place to another, often across state lines. Unfortunately, accidents can happen anywhere, including in a state where you might not live.
After a car accident in New York City, you can file a personal injury lawsuit even if you do not live in New York. However, how and where your lawsuit takes place might vary depending on your circumstances. Similarly, you can file an insurance claim no matter where your accident occurred. Your insurance should cover you no matter the location of your accident, although New York’s insurance laws might come into play. Tourists, people here on business, and other travelers are often not used to the fast-paced hustle of NYC traffic, and accidents are common. After an accident, you should immediately call for help and a New York lawyer to review your case.
If you live in another state but were injured in a car accident in New York, our NYC car accident lawyers can help you determine your legal options. For a free initial case evaluation, call The Carrion Law Firm at (718) 841-0083.
Where to File a Lawsuit for a Car Accident in NYC But You Live in Another State
Drivers living in one state but injured in car accidents in New York can file personal injury lawsuits against negligent drivers just as they would in a car crash at home. However, injured plaintiffs might have more choices in car accident cases outside their home states. Our Queens car accident lawyers can help you explore all your legal options before making any important decisions.
Perhaps the most important question facing out-of-state drivers injured in New York City is where they should file a personal injury lawsuit. Plaintiffs are often torn between their home state and the state where the accident happened. Generally, you can sue a negligent driver in one of two states: the state where the accident occurred or where the negligent driver lives.
If you were injured in a New York City car accident, there is a good chance the other driver is from New York. In that case, your lawsuit would likely occur in a New York court. However, New York City is full of people from all over the world, and the defendant might also live outside the state. You can sue the defendant in their home state, but this might be just as difficult if the defendant lives far away.
There will likely be state law issues with parties from different states in a New York courtroom. If you sue the defendant in their home state, but the accident happened in New York, which state law applies? There is generally a presumption that the laws of the state where the accident happened will govern a case, meaning your case will likely follow New York law no matter what court it is in. While this presumption can be overcome and the laws of another state could apply, this is somewhat difficult.
Filing an Insurance Claim for an NYC Car Accident as an Out-of-State Resident
Luckily, filing an insurance claim for a New York City car accident is a bit simpler than filing a lawsuit as an out-of-state resident. For the most part, filing an insurance claim for a car accident will be the same no matter where the car accident happened. Your insurance policy should cover you no matter what state in which the accident occurs.
Exactly how you file an insurance claim depends on what kind of insurance policy you have and the insurance laws of your home state. For example, if you are from a no-fault insurance state, your own insurance policy should cover your accident no matter who is at fault. In such a case, your damages should be covered by your personal injury protection (PIP) insurance or something similar. If you are from a fault-based state, you might have to file a claim directly with the other driver’s insurance.
Even though an insurance claim is a bit less complicated than a lawsuit, the process is still notoriously complex and frustrating. Our Brooklyn car accident attorneys can help you navigate the insurance process while preparing a personal injury lawsuit.
What Should an Out-of-State Resident Do Immediately After a Car Accident in NYC?
Immediately after a car crash in New York City, you should call for emergency assistance. A 911 dispatcher should send the police and emergency medical personnel to the accident scene. If possible, you should move away from your vehicle to a safe spot nearby while you wait for help. If you are too injured to do this, wait where you are for help to arrive.
You can also begin gathering evidence to submit to your insurance provider or as evidence in a personal injury case. Taking some quick photos or recording videos of the accident scene, damaged vehicles, and the area surrounding the crash may help preserve important details you need to get compensation.
You should also exchange information not only with the other driver or drivers involved in the accident but also with any potential witnesses. New York City is crowded, and it is almost impossible to do anything without someone else seeing. There is a very good chance one or several people saw your accident happen and can testify about what they saw. Our Bronx car accident lawyers can help you gather crucial evidence to prepare for an insurance claim or lawsuit.
Call Our NYC Car Accident Lawyers for a Free Case Assessment Today
After a car accident in New York City, you might have to weigh the laws of your home state against the laws of New York. Our Long Island car accident attorneys can help you figure out where and how to file your lawsuit and an insurance claim. For a free case review with our expected team, call The Carrion Law Firm at (718) 841-0083.