North Carolina has many out-of-state motorists, and residents of our state also frequently travel to nearby states. When an accident takes place that involves residents of different states, it may prove challenging for victims to understand which state laws apply. North Carolina residents may pursue a legal claim against an out-of-state driver following a motor vehicle accident. At Nagle & Associates, Raleigh car accident attorney Carl Nagle provides seasoned legal representation and advice to people who are seeking to understand and assert their legal rights. We only represent victims of motor vehicle collisions, providing focused and efficient legal services. Since Attorney Carl Nagle worked as an insurance defense attorney and insurance claims adjuster before founding Nagle & Associates, he has the background knowledge to formulate a strategic approach to an out-of-state motorist claim. We are dedicated to maximizing compensation for victims of car accidents throughout North Carolina, including people in Asheville, Winston-Salem, and Wilmington.
Explore Your Options After an Accident Involving an Out-of-State Driver
Liability for an accident is determined under state law, and in a car accident case the law of the state where the collision occurred is the controlling legal authority. For all accidents that occur in NC, our state traffic laws and negligence laws determine who is legally responsible to pay for victim’s claimed losses. Our NC law of damages outlines the types of claims that can be presented, and theamounts that can be collected for each type of injury or loss. Medical costs, wages from missed work due to injuries, and property damage resulting from a crash are some of the expenses that can be collected from the at-fault drivers and their insurance carriers. After suffering injuries in an accident involving an out-of-state driver, it is important for victims to understand that the laws of different states may vary regarding the available types of insurance coverage, and the amount of money available under applicable car insurance policies.
Following a car accident, legal fault will be determined according to state law. North Carolina is a fault-based insurance state, meaning that injured drivers pursue compensation from the driver or drivers who caused the accident. One aspect of out-of-state policies that can differ from state to state is the total amount of coverage available. In NC, liability insurance is mandatory and the legally mandated minimum amount of coverage is $30,000.00 per person for bodily injury liability. If an out-of-state driver has a policy with lower coverage (for example, Georgia requires only $25,000.00 per person) and causes an accident in our state, that policy will automatically be written up to meet our state’s minimum liability insurance requirement.
If a North Carolina resident travels outside of NC and is involved in an accident caused by an out-of-state driver, the law of the state where the collision occurs will apply to determine payment obligations and legal liability. Thus, it is important to look first at the location of the accident before approaching the analysis of who owes for collision related losses, and what level of insurance coverage is required to p ay for victims’ claims.
If an accident occurs within North Carolina, it is important for the plaintiff to show that the defendant driver was entirely at fault. As a contributory negligence state, North Carolina prevents plaintiffs from recovering damages from any other at-fault party if the plaintiff was partly responsible for the accident. If the accident took place outside North Carolina, it is important to assess whether that state follows contributory negligence or a different comparative fault rule.
Discuss Your Car Accident Case with a Raleigh Attorney
If you or someone close to you was involved in a car crash, and you are uncertain about your next steps, Raleigh car accident lawyer Carl Nagle and the staff at Nagle & Associates can help. We can communicate with insurance companies and handle any litigation so that you face minimal stress while you are recovering from your injuries. Nagle & Associates charges a lower legal fee than most other personal injury firms, at one-quarter rather than one-third of the ultimate settlement award. By calling our office for a free consultation, you can begin the process of understanding your options following an accident. We serve people who need a motor vehicle collision attorney in Raleigh, Asheville, Winston-Salem, Raleigh, Greensboro, Hickory, Charlotte, and other cities throughout North Carolina, including in Forsyth, Wake, Guilford, New Hanover, Durham, and Catawba Counties. Contact us online or by calling (800) 411-1583 to set up your appointment.