Where do I file an insurance claim? Can I sue for an out of state accident?
By Danny Glover Jr, Elizabeth City NC Car Accident Lawyer, Trucking Accident, and OBX Motorcycle Accident Attorney
If you were involved in an “accident” in North Carolina, normally that is the state where a legal claim for damages would be made. While there are certain exceptions, a good general rule of thumb is this:
If you were injured in North Carolina, you bring legal claims or file suit in North Carolina. It does not matter where you are from or even if you are resident or citizen of another state.
We see a lot of visitors from Virginia, South Carolina, and even Washington, D.C. to the Outer Bank. And with the increased amount of travelers on the roadways comes an increased number of OBX car wrecks – Danny Glover, NC Injury Attorney
Pasquotank County NC Car Crash Statistics – Traffic Fatalities
- 2011 – 8 Motorists Killed
- 2012 – 3
- 2013 – 0
- 2014 – 3
- 2015 – 4
Over a 10 Year Average, there have been 4 Traffic Related Fatalities in Pasquotank County, NC. Five or more people are killed on the roadways of Dare County, North Carolina on an annual basis.
What type of legal cases do you handle? Can you help someone from Virginia who was hurt in North Carolina? If I live in another state, Can I sue for an out of state accident?
Our law firms provides legal representation for:
- Car Crash – Auto “Accidents”
- MVA Motor Vehicle Accidents
- Semi Truck – Trucking Accidents
- Wrongful Death Claims
- Serious Bodily Injury Legal Matters
- Traumatic Brain Injury TBI
- Catastrophic Losses
- Spinal Cord Injuries
- Motorcycle Accidents
- Boating Accidents
- Cycling Accidents
Indeed, it just makes sense to seek legal representation from a lawyer and law firm where the accident took place. It doesn’t matter if you live in another state. Any claims for damages from an accident in Elizabeth City, Winfall, or Edenton, North Carolina would be subject to North Carolina personal injury laws.
The law that applies to a wreck is the law of the location of the wreck. If that is in the Outer Banks of North Carolina, you’ll want to speak with an Outer Banks lawyer – Danny Glover
That means North Carolina law is going to apply to a wreck in Elizabeth City, Carolla, Duck, and Kitty Hawk accident cases. It doesn’t matter if you live in Virginia, or Kalamazoo, Michigan, or Alaska.
Why do you say, “There is no such thing as an accident?”
While people often refer to car wrecks as “accidents,” in the truest sense of the word, it was no “accident.” Sometimes we all use euphemisms to get through talking about a difficult subject. Insurance companies use words like “accident” or “soft tissue injuries” and “fender-bender” to describe what can be very serious, long-term personal injuries and life-changing medical conditions.
Insurance companies do that to make your injuries seem inconsequential or less-serious than they actually may be. It’s a way to limit damages. And while a creative use words, the ultimate goal of NC insurance adjustors is to limit, if not eliminate the possibility of paying money damages after a car crash.
You generally aren’t going to see “fender bender” cases in court, at least in cases where there is an experienced Outer Banks Personal Injury Attorney involved.
The cases we handle involve real people with real injuries who have been hurt because of real negligence. We don’t have time to waste bringing frivolous lawsuits or legal claims. We are all-too-often forced to file lawsuits in North Carolina because the adjustor just will not pay what is either fair or appropriate given the long-term, if not permanent injuries after car “accidents” Danny Glover, Elizabeth City NC Lawyer
Lawyers in court do their best to use simple, accurate words. It wasn’t an “accident,” it was a car wreck or collision caused by the negligence of another. The person who caused the wreck failed to do something. It could be as simple as not exercising due care and circumspection for the existing traffic conditions or weather. They may have failed to keep a proper lookout or stopping distance.
In some Eastern NC wrecks, the person responsible for damages may have be careless, whether or not they were formally charged with careless and reckless driving in NC. Chances are, if you find yourself in need of legal representation due to an “accident” someone else caused and through no fault of you own, they failed to follow the NC Traffic laws.
It isn’t an “accident” when you don’t follow the rules. You made a decision. Whether it was speeding over the limit or even drunk driving, you made a choice. And as a result of that choice, or what plaintiff’s lawyers may refer to as the direct and proximate cause, you were injured.
So while we may use the terms interchangeably because it may be easier to explain a difficult subject, the truth of the matter is this: There is no such thing as an accident. Someone caused your injuries.
And if that is the case, if you were injured in Elizabeth City or Kitty Hawk NC or Kill Devil Hills, North Carolina, our law office is here to help. So, you need an attorney in Elizabeth City to handle an Elizabeth City car wreck.
MORE INFO: 7 Steps to Take Before Calling an Accident Lawyer
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