What laws are followed?
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What laws are followed?
I was in an accident in North Carolina
with a driver from Massachusetts and my
vehicle is registered in Maine. The
other driver was at fault and admitted
fault. I have a hip injury resulting
from the accident that may require
surgery. Which state laws are followed?
Mass laws require only 20/40 in
liability while Maine requires 50/100
and NC I believe is 30/60. I know my
expenses and pain and suffering is going
to exceed the 20k for Nass….how should
I handle this?
Asked on July 14, 2018 under Personal Injury, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your personal injury case is not settled with the at-fault party's insurance company, your recourse is to file a lawsuit for negligence against the at-fault party.
You are the plaintiff and the party you are suing is the defendant. A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the incident giving rise to the lawsuit occurred.
You can file your lawsuit in NC where you reside and where the accident occurred. NC law will be followed for a lawsuit filed there.
Maine does not have jurisdiction. It is irrelevant that the car is registered there.
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