Car Accidents With Out-of-State Drivers in North Carolina

Accidents involving out-of-state drivers in North Carolina come with unique considerations, especially regarding insurance coverage. North Carolina’s role as a tourist destination, combined with the state’s busy highway corridors, makes accidents involving out-of-state drivers a common occurrence.

This blog will break down key aspects of handling a car accident with an out-of-state driver in North Carolina, including legal responsibilities, insurance considerations, contributory negligence, and how our North Carolina car accident lawyers can help victims.

North Carolina Law Applies to Accidents With Out-of-State Drivers

When an accident occurs in North Carolina, the state’s laws apply to all parties involved, regardless of where they reside. North Carolina is a “fault” insurance state, meaning that the driver who is determined to be at fault is financially responsible for the damages they caused.

North Carolina’s legal system has distinctive rules that affect accident claims. The state has a contributory negligence rule that bars accident victims from recovering compensation if they are found to be partially at fault. Even if an injured driver is only 1% to blame for a crash, they are not entitled to compensation.

Under North Carolina’s statutes of limitations, injured drivers must file their claims within three years of the date of the accident for personal injury and within two years for wrongful death claims.

Your insurance coverage extends to any state. What happens if a driver is from a state with lower minimum liability coverage than North Carolina’s(e.g., Georgia, where the minimum per person is $25,000 versus North Carolina’s $30,000)? In this situation, the policy will be automatically adjusted to meet North Carolina standards.

Car accident with out-of-state driver in North Carolina

Pure Contributory Negligence in North Carolina

One of the most impactful aspects of North Carolina accident law is its stance on contributory negligence. Unlike most states that use a comparative negligence model, North Carolina bars compensation entirely if the injured party is found to have contributed even minimally to the accident. This means that if you have any degree of fault, no matter how minor, you are not entitled to compensation for your injuries.

Let’s illustrate this: suppose a driver from another state is hit by a North Carolina resident who failed to yield at an intersection. However, if the investigation finds that the out-of-state driver was slightly speeding at the time, this could be enough to establish contributory negligence, thereby blocking their claim.

A North Carolina car accident attorney can help gather evidence to prove the other driver was at fault.

Insurance Coverage Differences

In an accident involving drivers from different states, insurance coverage plays a vital role in determining compensation. In North Carolina, all drivers must carry a minimum of $30,000 per person and $60,000 per accident in bodily injury liability coverage, along with $25,000 in property damage coverage.

What happens if an out-of-state driver has lower policy limits than North Carolina’s minimum coverage requirements? If they are in a wreck in North Carolina, their coverage will be increased to meet these requirements. However, complications can arise if the at-fault driver’s insurance policy is significantly different, particularly regarding coverage limits or specific exclusions.

For example, some states do not require uninsured or underinsured motorist coverage, which can be an issue if an out-of-state driver has insufficient coverage to fully compensate the injured parties. An experienced North Carolina car accident lawyer can clarify the terms of applicable insurance policies and ensure the claim process goes smoothly, even if multiple insurance companies are involved.

Filing a Lawsuit in North Carolina

Accident victims generally file a lawsuit in the jurisdiction where the accident happened or where the defendant lives. Our North Carolina car accident attorneys can handle many procedural aspects on behalf of out-of-state accident victims, which minimizes their need to travel back and forth for hearings and negotiations.

If the other driver is from out of state, you can choose to sue them in their home state. But most accident victims pursue a claim in North Carolina since it’s more convenient.

Commercial Vehicle Accidents with Out-of-State Drivers

Many semi-truck and commercial vehicle accidents involve drivers from outside North Carolina. These accidents are more complicated because they often involve multiple parties, the truck driver, the company they work for, and even the vehicle’s manufacturer in cases of mechanical failure.

Out-of-state commercial drivers are subject to the same liability rules as all other drivers in North Carolina, but these cases often involve more detailed investigations to determine fault and insurance liability.

Since commercial vehicles typically carry higher insurance limits, claims may involve substantial compensation for injuries, property damage, and loss of income. However, dealing with multiple parties and insurance providers, particularly out-of-state entities, can create complex dynamics.

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What to Do After a Car Accident With an Out-of-State Driver

If you’re involved in an accident in North Carolina, whether as a resident or an out-of-state driver, certain steps can protect your rights and improve your chances of a successful claim:

  • Report the Accident: Always call the police to report the accident and ensure a formal report is created.
  • Document the Scene: Take photos of the accident scene, damage to all vehicles involved, and any visible injuries.
  • Exchange Information: Collect contact and insurance information from all parties.
  • Seek Medical Attention: Seeking treatment protects your health, and documentation is crucial for seeking compensation.
  • Call a Car Accident Attorney: A local attorney familiar with North Carolina laws and procedures can make a significant difference in navigating the claim process, negotiating with insurers, and maximizing your compensation.

Our experienced accident attorneys can guide you through the entire process and help you avoid mistakes that could hurt your car accident case.

How North Carolina Car Accident Lawyers Can Help

Navigating a car accident claim can be complex, especially if you or the other driver are from another state. North Carolina laws apply to all car crashes in the state. Proving the other was completely responsible is essential for North Carolina car accident claims since the state’s pure contributory negligence rule means that drivers who share any degree of fault are not eligible for compensation.

Our North Carolina accident attorneys can manage everything from gathering evidence to negotiating with insurance companies and handling legal filings. We aim to make the process as stress-free as possible. Additionally, if a trial is necessary, we represent our clients’ interests with a thorough understanding of North Carolina’s legal landscape.

We work on a contingency fee basis, meaning you pay no lawyer fees unless we win your case. Contact North Carolina Car Accident Lawyers today for a free consultation.

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