Practice Areas Car Accidents Out of State Car Accidents

Let Banafshe Law Firm Help After a Car Accident Involving an Out-of-State Driver

If you have been injured in a car accident involving an out-of-state driver, it’s important to understand that your case may have some unique challenges. That said, you can still pursue a claim for compensation against the at-fault driver. An experienced car accident attorney can overcome whatever challenges you may face and help you get the compensation you need to rebuild your life. 

The Challenges of Accidents Involving Out-of-State Drivers

Here are some of the challenges you face if you have been injured in an accident caused by an out-of-state driver:

• The other driver may be difficult to locate or communicate with once they return to their home state
• The other driver may be uninsured or underinsured
• If you need to file a lawsuit, it may be difficult to serve the other driver with the suit and subsequent legal filings such as subpoenas

However, none of these challenges are insurmountable. An experienced car accident attorney can successfully navigate these challenges and help you get the compensation you are entitled to. 

California Law Applies to Accidents Involving Out-of-State Drivers

It is first important to recognize that California law will apply even though your accident involved an out-of-state driver. This means that the other driver is expected to comply with California traffic laws and that they can be ticketed for violating those laws. Furthermore, out-of-state drivers can be held liable according to the same negligence standards as native California state drivers. 

California is a “fault” state, which means that drivers are financially responsible for any injuries they cause while driving their car. Compare this to a “no-fault” state, which requires all parties involved in an accident to pursue a claim under their own insurance policies. However, if the other driver comes from a “no-fault” state it doesn’t matter - California law will apply and you can pursue a claim against the other driver. 

Ignorance of the Law is Not a Defense

The out-of-state driver may try to argue that they shouldn’t be held liable for your damages because they were unaware of the requirements of California law. As mentioned above, however, California law will apply to accidents involving out-of-state drivers. By virtue of driving in California, out-of-state drivers are expected to familiarize themselves with California law, follow all traffic signs and signals, and operate their vehicle in a reasonably safe manner. The fact that they were unaware of the particulars of California law does not relieve them of these responsibilities. 

Out-of-State Drivers and Insurance: What You Need to Know from a Personal Injury Attorney

Many out-of-state drivers who relocate to California are unaware that they are required to purchase auto insurance that complies with California law within 10 days of claiming residency. This means that they need to carry the following minimum coverage: 

• $15,000 for each person injured or killed
• $30,000 for injuries or death to two or more people in a single accident
• $5,000 to cover property damage

Injured in an Accident Involving an Out-of-State Driver? Contact Banafshe Law Firm, PC

These cases can be complicated, but the car accident attorneys at Banafshe Law Firm, PC have the knowledge and experience you need to get fair representation. To schedule a free consultation to discuss your case, contact us today at 800-789-8840.