What if My Shreveport Auto Accident Was Caused By An Out-Of-State Driver?
In Louisiana, if you have been injured in an auto accident, you have a legal right to seek compensation for your injuries and for payment for the damage to your vehicle. This is true even if the collision and crash were caused by a driver who lives, say, in Texas or Mississippi. Even if the at-fault driver lives very far away, like in New York or Illinois, it does not matter. You have a right to compensation. So, if you have been involved in a Caddo Parish auto accident and you discover the other driver lives in another State, don't panic.
Now, in truth, the fact that the at-fault driver lives out-of-state will cause some potential complications. Thus, contacting a top-rated Shreveport, Louisiana, personal injury attorney is essential. The complications are primarily procedural in the sense that if a Louisiana personal injury lawsuit must be filed, then the Complaint and other court papers will have to be delivered to the out-of-state driver where he or she lives. But, Shreveport car accidents involving out-of-state drivers are not uncommon, and Louisiana's rules of civil procedure are designed to ensure that out-of-state drivers can be brought into Louisiana civil courts. In some cases, it is even possible to file a Louisiana personal injury lawsuit here in the federal courts of Louisiana.
Most auto accident claims here in Shreveport and Caddo Parish, Louisiana, are resolved through insurance claims. This helps immensely with recovering compensation after a Louisiana car accident because insurance companies must cover accidents caused by their policyholders regardless of where the accident occurs. This is required by Louisiana law and by the laws of every State in the country.
Further, as a practical matter, most auto and collision insurance carriers offer policies across broad areas of the country. So, most of the larger insurance companies have handled insurance claims in Louisiana and know the legal requirements here in Louisiana for settling auto accident claims. This simplifies starting the insurance claim process for victims and their personal injury attorneys. Further, when an out-of-state driver is involved in a Louisiana auto accident, the process for a typical auto accident insurance claim is as follows. These steps involve:
Calling (or writing) and initiating a claim against the at-fault driver's insurance policy
Investigation of the accident by the insurance carrier, investigators, and/or attorneys
Providing to the insurance company documents and evidence of damages -- such as medical bills, repair estimates, traffic crash reports, body camera footage, dash camera footage, etc.
Obtaining from the insurance company a decision on coverage and a settlement offer
Negotiations -- which may or may not result in settlement
If negotiations fail, a personal injury lawsuit must be filed. And as noted, this is where the involvement of an out-of-state driver creates some legal issues. First, if the injuries and damages are severe and the potential recovery exceeds $75,000, then it is possible to bring suit in federal court here in Louisiana. In those kinds of cases, there should be no problem bringing the at-fault, out-of-state driver into Louisiana federal courts and obtaining justice. If the injuries are less severe, then Louisiana has a "Long-Arm Statute," which allows Louisiana victims to bring out-of-state drivers into Louisiana courts. The procedure is generally successful but takes extra time.
Contact A Louisiana Auto Accident Attorney Today
For more information, contact the Law Offices of Philip B. Adams. If you, a friend, or a family member has been injured in a Louisiana auto accident, our Louisiana personal injury lawyers can help you recover the total amount of compensation to which you are entitled under Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading and visiting our website.