Knowing what to do after a car accident can be confusing, but it is exponentially more so when the drivers come from different states. Whether you were a tourist visiting California or were hit by a non-resident while driving in your California neighborhood, cross-state liability issues can quickly complicate otherwise straightforward car accident claims.
If your car accident claim involves an out-of-state driver, questions of legal jurisdiction and liability can arise. You may face legal challenges that are not typically part of a claim involving parties who live in the same state. An experienced Long Beach car accident attorney can walk you through your legal rights and options after such an accident.
Jurisdiction for Car Accidents That Occur in Long Beach
Jurisdiction is the legal term for which court has the legal authority to hear and decide a case. If you are involved in an accident in Long Beach with an out-of-state driver, California law and courts usually have jurisdiction.
This is because California Code of Civil Procedure Section 410.10 says that a California court can exercise jurisdiction of a case not inconsistent with the state or federal constitution. Likewise, the Federal Rules of Civil Procedure generally provide for jurisdiction in the state and county where the legal cause of action arose. In this case, it would be where the accident occurred, i.e., California. By driving in California, California courts will typically find that the driver has automatically consented to their authority over any legal disputes arising from the driving.
Due to California laws and the likelihood that a California court would have jurisdiction of the legal matter, the following legal principles would likely apply:
- California traffic rules would apply when evaluating the case. Since California is an at-fault state for car accidents, the party determined to be at fault for the accident would be responsible for paying for damages. Likewise, California traffic rules, rules of civil procedure, and rules of evidence would apply.
- Tourists and non-residents have the same right to seek financial compensation from California residents as the residents themselves would.
- California’s rules regarding minimum liability insurance would apply.
- Any car accident lawsuit would need to be filed within the statute of limitations.
When you are involved in a California car accident, it’s crucial that you work with a car accident lawyer who is familiar with the local rules and customs.
Possible Legal Challenges for Cases Involving Out-of-State Residents
If you are involved in an auto accident with a driver who resides outside of California, you may confront the following legal problems:
Personal Jurisdiction
While subject-matter jurisdiction refers to a state’s right to hear a particular type of case, personal jurisdiction refers to its right to have authority over the out-of-state driver. Clearly, California courts can hear personal injury cases involving accidents that occurred in the state. However, showing that a state court has power over the individual person may be more difficult.
Under California law, a court can exercise personal jurisdiction when a party has “sufficient minimum contacts with the state.” In this context, driving in the state may be adequate. Therefore, if a driver from Nevada, Arizona, or another state chose to drive in the state of California, this may allow the court to impose its authority on them in case a car accident claim arises.
Liability Issues
In California, drivers must usually have minimum liability amounts or self-insure to cover the losses they cause others due to their negligence. These minimum liability amounts include:
- $30,000 for personal injury to one person
- $60,000 for personal injury to more than one person
- $15,000 for property damage
Some states operate under a no-fault insurance system. In those states, parties may turn to their own insurance coverage after an accident. If you are involved in an accident with an out-of-state driver who lives in a state with no-fault insurance, they may not have any liability insurance, which can complicate your ability to recover compensation for the harm they caused.
You may be able to seek compensation from your uninsured or underinsured motorist policy, depending on the circumstances. An experienced attorney can review your insurance policy and the at-fault driver’s insurance policy to determine which coverage applies and how to submit a claim.
Evidence Complications
When the defendant leaves back to their state of origin, it can be more difficult to gather evidence to support your legal claim, such as:
- Driver statements
- Witness statements
- Pictures of their vehicle
- Accident reconstruction reports
Coordinating with investigators in another jurisdiction can make the legal process more complicated.
Service of Process
If you have to sue the at-fault driver, you will have to carefully follow California’s laws and the laws of the defendant’s home state. Some forms of process that are legal in California, such as providing service by publication, may not be accepted in the defendant’s home state. An experienced lawyer can handle this part of the process for you, ensuring that all applicable rules are followed.
Executing a Judgment
If a California resident receives a judgment against another California resident, they can ask the court to execute this judgment, allowing them to garnish their wages, place a lien on their property, or take other action to ensure they receive the money the court ordered the at-fault driver to pay. However, executing a judgment in another state is more complicated.
Before any action will be taken on an out-of-state resident, you will need to complete a domestication of the judgment. Even if you received a default judgment because the out-of-state driver ignored the case and didn’t respond to the complaint, you will need to register the California judgment in the other state and pursue compensation with that state’s courts. This can make the process of collecting your judgment more complex and expensive.
Financial Compensation You Can Seek After Suffering an Injury in a Car Accident
Injured victims can pursue economic and non-economic damages in a personal injury claim from the at-fault party, including the following:
- Medical bills that you incurred due to the accident
- Ongoing medical treatment for your injuries
- Future medical expenses
- Lost wages for the time you missed from work
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
An experienced personal injury lawyer can support you through filing a personal injury case to seek compensation for these and other damages you sustained.
Contact Our Personal Injury Law Firm for a Free Case Review
If your car crash involved an out-of-state driver, you should work with a knowledgeable Long Beach car accident attorney. Belal Hamideh Law, P.C. has years of experience protecting the rights of the injured and has recovered millions of dollars in compensation. Contact us now to discuss your legal rights and options during a free consultation.