Car accidents can happen while you’re on vacation, commuting for work across state lines, or traveling to visit family. Any time you are involved in a car accident, the case is typically handled where the accident happened, which could change the rules about how to file for compensation and who you need to report the accident to.
If you were in a car crash in Maryland, but you live in another state or DC, then you may need to handle the case in court in Maryland. Your insurance company can usually handle pay-outs across state lines, but serious injury cases may need to go to court instead – and your out-of-state insurance might have different rules.
If you were hurt in a car crash in Maryland, a Maryland car accident lawyer will be an invaluable resource. Call our car accident attorneys in Maryland today at (410) 694-7291 to set up a free legal consultation on your case. Rice, Murtha & Psoras have decades of experience helping car accident victims in Maryland.
If I Was Hurt in a Car Crash in Maryland But Live Out of State, Where Can I File My Case?
The question of where you file a case after an injury is a question of “civil procedure” – a body of law dealing with the rules for how civil cases are filed and handled.
Typically, insurance companies and insurance policies have their own rules that dictate how to file and who you call, so consult your insurance policy if you are making an insurance claim.
However, if you were seriously injured and need to file a lawsuit to get the compensation you need, then you should speak with a Rosedale car accident lawyer about what civil procedure rules you need to follow and where your case is allowed to be filed.
Some important historical cases dealing with jurisdiction and whether a case can be heard across state lines actually deal with car accident cases specifically. This is something you should always consult a lawyer on to make sure your case is filed in the correct court to hear your claim.
Filing Injury Cases Where They Happened
Generally speaking, civil procedure rules in Maryland say that any civil case for an accident will be filed where the accident happened. That means that you should file your case in whatever county the accident took place in – even if you live out of state.
If that means you’ll need to travel to address your case, having a local attorney handle the case for you can be a huge benefit. This can get many of the legal issues resolved over the phone, and you may be able to appear in court just for the crucial stages, like trial – if the case goes to trial.
Federal Cases Between Residents of Different States
Federal civil procedure rules allow cases to be filed in federal court if the case involves an accident between residents of different states. In order to get into federal court, the case needs to involve at least $75,000 in damages.
The question of which court handles your case is still up in the air – and in many cases, it will still need to be a federal court located in Maryland.
Suing at Home for Crashes in Other States
If the driver who hit you was also from your home state, you could be entitled to file the claim back home – but you should check with a local Maryland attorney to see if there are other Maryland civil procedure requirements that might lock your case in Maryland.
Settling a Car Accident that Happened in Another State
If you were hurt in a car crash that happened far from home, it could be difficult for you to travel to the courthouse and handle the case – especially if your injuries are severe.
Fortunately, most car accidents are resolved through settlements rather than trials in court. If your Maryland car accident attorney can negotiate the case on your behalf in Maryland, there may be no need for you to travel.
Our Towson car accident lawyers can file your case, handle any court filings, and negotiate much of your case without needing you to appear in court physically.
Additionally, teleconferencing options can help you be involved in the case even if you are out of state when negotiations or pre-trial conferences take place.
If your case is settled, the paperwork can often be signed remotely, and you can end your case without having to return to Maryland physically.
If your case cannot be settled and needs to go to trial, you may have to travel to attend the trial – which could be a burden if you are seriously injured.
However, traveling from DC, Virginia, or another nearby state might not be too much of a burden for you, giving you excellent access to be involved in your case.
Insurance Claims for Car Accidents in Maryland
Maryland is an at-fault insurance state, which means that the at-fault driver’s insurance pays for your injuries.
If you have no-fault or “limited tort” insurance from a neighboring state, this might cause confusing results because your home state might require you to use your own insurance, but Maryland might allow you to file a third-party claim against the at-fault driver.
Talk to a lawyer about how to proceed – and whether a lawsuit is better than an insurance claim in the first place.
Call Our Maryland Car Accident Lawyers for a Free Consultation
Rice, Murtha & Psoras represent injury victims in car accidents in Maryland, even if they live out of state. Call our Baltimore personal injury lawyers at (410) 694-7291 today to schedule a free case consultation.