What to do if Im a resident of one state and was involved in an auto accident with a tractor-trailer out of state?

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What to do if Im a resident of one state and was involved in an auto accident with a tractor-trailer out of state?

The trucking company is based in a third state; their insurer is located in a 4th state and has denied my claim. In which state do I file a lawsuit against the trucking company and/or insurer? Do I need an attorney licensed in that state?

Asked on February 2, 2013 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The general rule in car accident cases is that you can file the action in the county in which the accident occurred or in any county in which one of the parties resides.  The advantage to your filing in the state and county in which you live is obviously the convenience for you to prosecute the claim plus most of your treatment and MD's will be close to where you live as well.  The defendant can be sued and served pursuant to various interstate laws and their insurer will hire an attorney in your state to defend them.  Get help asap and watch the statute of limitations.  Good luck.


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