Out-of-State Auto Accidents: Where Do You Sue?

Originally published: July 10, 2017

Updated on: September 28, 2018

After being in a car accident, where you can file your lawsuit is the first of many complicated legal questions you will face.

Vacation season is upon us, and that means many will be traveling out of state. With more people on the road, that means there is a heightened potential for injuries from car accidents. If you are injured in a car accident while out of state or by someone else who is an out-of-state driver, you are probably wondering where you would need to file a personal injury law suit. Finding out where to sue is a seemingly simple question with a somewhat complicated answer.

Out-of-state car crashes can be tricky

You can only bring suit in a court that has jurisdiction, meaning one that has authority to hear your case. Jurisdiction arises due to the parties involved or due to the cause of the case. Most commonly, a personal injury case will be filed in the state where the accident occurred. This means that even if both you and the other driver are not from Texas and you get into a car crash in Texas, you may still wind up in Texas court. Traveling in another state means that you are subject to the laws of that state.

Suing the at-fault driver of a car accident on their home court

You might also be able to sue in the state where the at-fault driver resides. States have jurisdiction over all of its citizens. Also, in some instances, you may be able to file suit in your own home state. This will only be possible if the traffic accident occurred in your home state, the other driver is also from your home state, or the other driver has “minimum contacts” with your home state. This means that if the other driver had connections to your home state, such as working in your home state or owning a house or property in your home state, it may be found that they could be subject to the laws of your home state.

Taking a car crash to federal court

There is also the possibility that you may be able to bring suit in federal court. To go to federal court, both you and the other driver must be from different states and there must have been at least $75,000 in damages or personal injury claims. You may also be able to go to federal court if the case will deal with a federal question such as a constitutional rights issue or an issue involving federal law.

Remember that your car insurance will usually cover you no matter what state you are in. Most policies provide coverage throughout the U.S., but make sure you check this before you travel!

Also, no matter where the accident occurred, always do the following:

• Call 911. Get emergency medical care and get police to the scene. This is important because it speeds up the information exchange process and ensures that a police report will be filed.
• Call your insurance company. As long as you have not suffered any severe injuries, this is the time when details of the crash will be the clearest in your mind. Providing accurate information just after you’ve been involved in a car accident will greatly benefit you if the case is ever taken to court.
• Contact a personal injury attorney. An experienced accident attorney who specializes in personal injury law, such as Rob Lovett of the Lovett Law Firm, can begin working on your case right away to ensure you are ahead of the game if and when you or the other driver decides to pursue legal action.

Where to sue is just the first in a series of complicated legal questions that can arise in a personal injury claim. Attorney Rob Lovett has both the knowledge and experience to guide you through the complex personal injury legal system and get you the compensation for your injuries that you deserve. Contact us today for your free personal injury case evaluation.

Have you been involved in a recent car accident and don’t know exactly where or how to sue? Get information on how we can help you get the compensation you deserve from accidents caused both in and out of state. Call Lovett Law Firm, personal injury and accident lawyer in El Paso, TX and Las Cruces, NM today at 915-757-9999 (El Paso, Texas) or 575-523-5555 (Las Cruces, New Mexico) to request a free initial consultation with our experienced personal injury attorney.