Have you been involved in a car accident with an at-fault driver visiting from outside of North Carolina? Pursuing an insurance claim with an out-of-state driver can involve unique challenges and issues. This makes obtaining legal counsel critical to maximizing your financial recovery.
Contact Kreger Brodish today for a free initial case evaluation with a knowledgeable Raleigh, NC, personal injury lawyer to learn more about the process of litigating an accident with an out-of-state driver. For over a decade, our firm has provided tailored, honest legal advice and dedicated advocacy to individuals and families facing legal issues after a car accident. We have a proven track record of success in motor vehicle accident cases, and our attorneys have the experience and skill to tackle the most complex cases.
The Unique Challenges of Out-of-State Car Accidents
Although you might assume that pursuing a car accident claim against an out-of-state driver involves the same process as pursuing a claim against a North Carolina resident, accident claims involving out-of-state drivers can have unique challenges and complexities. Some of the difficulties you may face when seeking compensation from an out-of-state driver who injured you in a car accident in North Carolina include:
- Differences in Insurance Coverage Requirements – When an out-of-state driver causes an accident in North Carolina, their insurance policy will provide the coverage required by North Carolina law (unless they have purchased coverage that exceeds North Carolina’s requirements). However, differences in auto insurance requirements between states can make it more challenging or confusing to pursue the maximum compensation available to you.
- Locating and Serving Process on the Out-of-State Driver – When the other driver returns to their home state, you may face challenges in finding where they live when you need to file a claim against them. Furthermore, if you file a lawsuit against the driver, you may have to follow complex rules for serving process on them.
- Enforcing a Judgment Against an Out-of-State Driver – Suppose you win a car accident lawsuit against an out-of-state driver. In that case, you may have to go to the driver’s home state to enforce your judgment against their property or bank accounts, potentially requiring you to hire legal counsel in that state to recover compensation owed to you.
Immediate Steps to Take at the Accident Scene
If an accident occurred involving an out-of-state driver, take these steps to protect your rights and put yourself in the best position to pursue an injury or insurance claim:
- Report the accident to law enforcement and request a copy of the police crash report following the accident.
- Notify your own insurance company of the accident.
- Seek prompt medical attention to diagnose injuries you sustained in the crash and begin treatment.
- Obtain copies of your medical records of your treatment and rehabilitation.
- Keep bills, invoices, and receipts for medical treatment and vehicle repair expenses.
- Gather your pay stubs or income statements if you need to miss time from work while recovering from your accident injuries.
- Contact an experienced car accident lawyer as soon as possible to discuss your options for pursuing a compensation claim.
Understanding North Carolina Insurance and Liability Laws
Under North Carolina law, all personal vehicles registered in the state must have an auto insurance policy issued by a company licensed to do business in North Carolina. Insurance policies must include liability coverage that provides policy limits of at least $50,000 per person, $100,000 per incident of bodily injury/death liability coverage, and $50,000 per accident of property damage liability coverage. North Carolina auto insurance policies also must provide uninsured/underinsured motorist coverage equal to the highest limit of bodily injury/death liability coverage for any vehicle insured under the policy.
In a North Carolina car accident involving out-of-state insurance, the at-fault driver’s insurance policy limits will increase to meet North Carolina’s minimum coverage requirements if they reside in a state with lower or different insurance requirements and their purchased policy does not exceed North Carolina’s requirements.
North Carolina still follows the contributory negligence rule for liability in car accident cases. Under the state’s contributory negligence laws, an injured party may not recover compensation if they share any fault for causing the accident that injured them. As a result, you may face difficulty pursuing an insurance claim with an out-of-state driver if their insurance company determines that you share some responsibility for causing the accident.
Dealing with Out-of-State Insurance Companies
Pursuing a claim with an out-of-state insurance company after their insured driver hits you in an accident in North Carolina can involve various difficulties and stress. For example, the insurance company may tender the policy limits of the out-of-state driver’s policy, but if the driver lives in a state that has lower insurance requirements and they purchased a minimum coverage policy, that offer may fall below the insurance coverage required by North Carolina law. As a result, you may have to fight with the insurance company for the compensation to which North Carolina law entitles you.
How a Raleigh Personal Injury Attorney Can Help
A Raleigh personal injury attorney can help you seek financial recovery for injuries and losses you sustained in a North Carolina car accident caused by an out-of-state driver by:
- Investigating the crash to recover critical evidence, such as accident scene photos, surveillance/traffic camera or dashcam footage, witness statements, and police accident reports
- Identifying at-fault parties and evaluating the availability of insurance coverage
- Documenting your injuries and losses to determine what compensation you need
- Filing insurance claims on your behalf and dealing with adjusters from out-of-state companies
- Handling all the details of pursuing a car accident lawsuit against an out-of-state driver, including locating and serving the driver
- Vigorously pursuing financial recovery for you through a settlement or, if necessary, by taking your claims to trial.
Contact Our North Carolina Car Accident Attorneys to Learn More
If you’ve suffered injuries and property damage in a car accident caused by a driver from outside of North Carolina, you may face additional complexities in pursuing financial recovery and justice. Contact Kreger Brodish today for a free, no-obligation consultation with a Raleigh, NC, personal injury lawyer to discuss your legal options for seeking compensation after an accident with an out-of-state driver.
