California gets a lot of tourists, especially when the weather is cold in other parts of the country and holiday travelers are visiting family. That increases the odds that you might eventually end up in an accident with an out-of-state driver.
What does that mean for you? Knowing more about your legal rights is important so you can anticipate what comes next.
California generally has jurisdiction over the case
“Jurisdiction” is the right of a court to exercise authority over a legal matter and enforce its rulings against the parties involved. Regardless of where the driver normally lives, you can always file your claim in the state where the accident occurs.
That is likely to your advantage. California is a pure comparative negligence state, which means that you can file a claim for your damages even if you were partially at fault for the crash. In some states, where contributory negligence is the rule, you could be barred from making a claim if you’re even 1% responsible for your injuries. California’s approach makes it much easier to obtain fair compensation for your losses.
Different insurance requirements can complicate the process
Every state has different minimum auto insurance coverage requirements, and some states don’t require as much as California does. If the driver who caused your accident does not meet California’s minimum requirements, you may have to turn to your own uninsured or underinsured motorist (UM and UIM) policies to make up the difference between what is available from the other driver and what you should receive.
A successful car accident claim against an out-of-state driver requires experienced legal guidance. Otherwise, you may find it virtually impossible to get the damages you’re rightfully due.