What laws are followed?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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