What to Do After a Car Accident with an Out-of-State Driver
The state of California holds all drivers accountable for their actions regardless of whether they live within state lines. If you are injured in an accident in Orange County with a driver from out of state, you can handle the situation much like you would an accident with an in-state driver. Most of the challenges when suing an out-of-state driver will fall on them, not you.
At Kohan & Bablove, LLP, we’re prepared to handle your case regardless of where the defendant lives. We’ll serve the defendant a demand letter. It will be up to them to communicate effectively and travel to Orange County for court. If they don’t appear in court when required, they’ll face the consequences.
Keep Records and Documentation
You may not know what to do after your wreck because you’ve never taking legal action before. It’s important to keep all records and documentation. You shouldn’t throw away anything after your collision because it may become useful as evidence. Keep any pay stubs, photographs, medical records, and witness statements in case you need this information for future reference.
Prove Liability Using Evidence
You must prove liability against an out-of-state driver in the same way you would prove liability against an in-state driver. If you can’t prove that the defendant in your case is guilty of negligence, then you can’t recover a settlement. To prove negligence, your lawyer will investigate your case and obtain the police report, witness testimonies, and any other useful evidence, such as video footage.
Serve the Out-of-State Defendant with a Demand Letter
Once you and your attorney have solidified the details of your case, you can serve the out-of-state defendant with a demand letter, which kick off your lawsuit, so to speak. The defendant will likely respond to your letter and try to negotiate a settlement.
You may avoid trial if the defendant delivers a reasonable offer. If you can’t come to an agreement with the defendant, you can file an official claim with the Orange County court system, and the court will schedule your hearing within twenty to seventy days. The defendant will then have to come to Orange County and go to trial to settle the case.
Reach Out to an Orange County Car Accident Attorney
Out-of-state drivers may be more likely to negotiate a higher settlement because they don’t want to travel back to California for court. Thankfully, because you weren’t the out-of-state driver, you can pursue a lawsuit from home while you recover from any injuries you’ve suffered. Having an experienced attorney by your side can make the legal process less stressful.
If you’re ready to discuss your case in greater detail with an Orange Country car accident lawyer from Kohan & Bablove LLP, fill out the contact form below or call 1-844-404-2400 to schedule a no-obligation consultation.