Getting into an out-of-state driver accident in Vancouver, WA, can come with a unique set of challenges when kit comes to getting compensation. However, certain laws still apply, no matter who was involved in the accident or who holds the most responsibility.
If you are the victim of a cross-state car crash in Washington, you need to hire an auto accident attorney to represent you. At Henderson Taylor Law Firm, our team of auto accident attorneys has extensive experience handling car accident cases and can help you navigate the challenges of proving liability with an out-of-state driver.
Keep reading to find out what rules governed out-of-state driver accidents in Vancouver, WA, and who is the most liable.
Understanding Local Laws and Jurisdiction
Understanding jurisdiction in a car accident in WA can be confusing if the accident involves an out-of-state driver. The good news is that the law is still quite straightforward since the state where the accident happened will usually have jurisdiction. So, if the accident occurred in Washington, Washington law will apply, no matter where the other driver is from.
Washington law specifically applies the “most significant relationship rule”, which simply means that the state with the closest connection to the accident dictates the law. This is good news for Washington residents since it means that Washington will govern the outcome of the accident.
How Washington Law Determines Fault in Auto Accidents
Washington follows a comparative negligence model, which means that everyone involved in an auto accident could possibly hold some percentage of fault. Comparative negligence breaks down liability into percentages to determine who is eligible to receive compensation.
Under the comparative negligence model, it is possible for both parties to hold a certain percentage of fault. For instance, the out-of-state driver could hold 80% of fault, which means that you would be considered to be 20% at fault. Despite still holding a percentage of liability, you would still be able to receive compensation, with a slight deduction.
Because of this, it is especially important that you follow the correct steps when filing your claim. You will need to be able to prove without a doubt that the other driver held the most liability so that you are able to receive the full amount of compensation that you deserve.
Seeking legal representation is another essential part of setting yourself up for success. An attorney can help you establish who holds the largest percentage of fault and can help you negotiate a fair settlement amount.
Out-of-State Driver Liability: Washington Insurance Coverage
Filing an insurance claim for an out-of-state driver accident can be a bit tricky, but the good news is that most auto insurance policies have nationwide coverage. When it comes to Washington specifically, the minimum liability insurance coverage includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
In instances where the out-of-state driver does not have these coverage minimums, the coverage may be able to be expanded to meet Washington’s requirements. Your policy may also include personal injury protection, which can help provide coverage depending on the damages.
Also, if you have uninsured/underinsured motorist coverage, this will most likely apply to out-of-state driver accidents. Most UM/UIM coverage applies nationwide and can help make up the difference if the at-fault driver doesn’t have enough insurance coverage to cover your damages.
How to File a Claim After an Accident With an Out-of-State Driver
Just like the jurisdiction rule, when you file a claim, you need to file it in the state where the crash happened. So, for Washington residents, you will be able to file your claim in Washington, even if the responsible party is an out-of-state driver.
Here are a few things you should include with your claim to prove liability so that you have the best chance of receiving a fair settlement:
- Police report
- Video and photo evidence
- Doctor’s notes, treatment costs, etc.
- Witness statements
- Car repair expenses
Before doing this, it is a good idea to hire a personal injury lawyer in Vancouver to represent you in case there are any complications. A multi-state accident lawyer will be able to help you file a strong claim, gather evidence, and negotiate with all of the involved parties. They will also be there to assist if you run into any issues when it comes to jurisdiction or proving liability.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
If you are the victim of an out-of-state driver accident in Vancouver, WA, you may need to file a claim against a non-Washington driver. Although this can come with some challenges, especially when it comes to proving liability, it is often a necessity if you have been injured or have sustained property damage.
At Henderson Taylor Law Firm, our experienced car accident lawyers in Vancouver, Washington, are committed to defending the downtrodden and providing victims of car accidents with the legal representation they deserve. For legal assistance from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ:
Can I sue an out-of-state driver in Washington?
Yes, in many instances it is possible to sue an out-of-state driver. However, the ;process may be complicated as you may need to file a case against them in the state where they live.
Will their insurance cover my damages?
This will depend on how much insurance the other driver has and whether or not they meet Washington’s minimum coverage requirements. In many cases, their coverage may be able to be expanded; otherwise, you may have to look into additional options. Additionally, you may have enough coverage on your policy to make up for this if you have UM/UIM or PIP coverage.
Do I need a lawyer if the other driver is from another state?
While it is not a requirement that you hire a lawyer for an out-of-state driver accident, it is highly recommended. Out-of-state driver accidents can be quite complex, so having an experienced attorney on your side can help you get the best possible outcome.