Maison Law represents California accident victims injured by out-of-state drivers. If you or a loved one were injured in a car accident by an out-of-state driver, you may be wondering about your ability to recover compensation. All drivers in California, regardless of where they’re driving from, are subject to California rules and liability. Contact Maison Law today for a free consultation and take the first step toward pursuing damages for a car accident caused by an out-of-state driver.
Accident Liability for Out-of-State Drivers
Out-of-state drivers involved in accidents in California are subject to California law according to Code of Civil Procedure Section 410.10. This law allows California courts to exercise jurisdiction over out-of-state drivers and other nonresidents as it states:
“A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.”
In General, courts are permitted to exercise personal jurisdiction over a nonresident as long as that party has had minimum contact with California, meaning all drivers in California are required to pay damages arising out of their ownership or operation of a motor vehicle in the state of California. So, out-of-state drivers are subject to the same responsibilities as California drivers if they’re involved in an accident: These responsibilities include:
- The responsible party must pay at least $15,000 for each person injured or killed in the vehicle accident
- The responsible party must pay at least $30,000 for injury or death to two or more people in an accident
- The responsible party must pay at least $5,000 to cover property damage
- Reporting the accident to police within 10 days of the accident if damages are worth more than $750
How to Bring a Lawsuit Against an Out-of-State Driver
Accidents against out-of-state drivers are treated the same as all personal injury accidents and it is recommended to consult with a Personal Injury Attorney before filing a lawsuit. Out-of-state drivers who violate California traffic safety laws and get into an accident can be held responsible under the theory of negligence per se. Negligence per se basically states:
- A defendant (out-of-state driver) violated a safety law
- This violation resulted in injuries
- The safety law, which was violated was designed to guard California citizens against injury
- The plaintiff (California driver) was considered a class of people the law was designed to protect
It is important to note that it may be difficult to hold an out-of-state driver accountable if the driver does not have insurance that is valid in California. In these cases, however, you can pursue a defendant’s personal assets to cover your damages or apply for uninsured/underinsured coverage on your insurance policy. If you find yourself in a similar situation, please do not hesitate to contact Maison Law for all your legal concerns.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case.
Do I Need a Lawyer for an Accident Involving Out-of-State Drivers?
If you’ve only sustained minor injuries like bumps and bruises after a car accident with an out-of-state driver, you may not need an attorney. Minor injuries and damages can be handled through the at-fault driver’s insurance. However, if you’ve suffered significant injuries that have:
- Caused you to miss work
- Require hospitalization, medical treatment, or surgery
- Left you unable to do basic tasks, or live your daily life without physical pain
It is recommended to consult with a Car Accident Attorney to discuss your legal options. A lawyer can assess your injuries, damages, and liability to determine if a lawsuit should be filed. Once a personal injury lawsuit is filed, an attorney will begin negotiating a fair settlement with the insurance adjusters on your behalf. An attorney will also:
- Gather evidence
- Witness identification and sworn statements
- Traffic camera footage
- Pictures of the incident
- Interrogatories
- Depositions
- Connect you to trusted doctors for continued treatment
- Assign liability to all additional parties responsible
- Communicate with insurance adjusters on your behalf
- Build a case to confirm your claim
- Represent you in court if your case goes to trial
How Much are Accidents Involving Out-of-State Drivers Worth in California?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. The following factors will play a large part in determining the total value of your car accident settlement:
- Severity of injuries: The more severe your injuries, the more your claim will typically be worth. These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a California Out-of-State Accident Lawyer
If you or a loved one has suffered injuries due to a car accident involving an out-of-state driver in California, the Accident Attorneys at Maison Law can help. Car accidents with out-of-state drivers can be complicated, but with Maison Law they can be as simple as making a phone call. Call us today for a free consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
