What if my Collision Occurs Outside the State of North Carolina ?
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If you have been injured in a motor vehicle collision while traveling outside the state of North Carolina, there are several factors you should keep in mind.
The law which would generally be applied in a motor vehicle collision is the law of the state in which the collision occurred. If a North Carolina citizen is traveling through Virginia and has a collision, the law of the state of Virginia will apply. Likewise, this is true even though the injured parties are citizens and resident of North Carolina.
This fact can have a significant consequence on your case. For instance, the statute of limitations for bringing actions for personal injury arising out of a motor vehicle collision in Tennessee is one year. That means that unless a lawsuit is filed within one year from the date of the collision, a claimant will be forever barred from filing a lawsuit and they can never recover money for their claim. this law in Tennessee is in sharp contrast to North Carolina's law which allows a suit to be brought for the same action within three years.
If a lawsuit is to be filed in a state other than North Carolina, the suit must be handled by a lawyer who is licensed to practice law in that state.
Does that mean that you should not consult a North Carolina lawyer if you are injured in another state? The answer is no. most people feel more comfortable consulting a lawyer in their own area. It is always more convenient for a claimant to consult a lawyer close to their home. This is especially true if the North Carolina claimant was treated primarily by North Carolina doctors and in North Carolina medical facilities (as is usually the case when someone is injured away from home).
North Carolina lawyers can help a claimant who is injured out of state gather medical records and present a claim to the insurance adjuster. The North Carolina attorney will consult with an attorney in the state in which the collision arose to be sure your rights are adequately protected.
As in all claims, whether they occur as a result of a motor vehicle collision which occurs in North Carolina or in another state, it is advisable to contact an attorney at once. This is especially true with respect to claims which occur out of state. Most people have a general impression as to what certain laws are in North Carolina. It is easy to be misled by assuming that the laws are the same in ever state. A lawyer should be consulted immediately to be sure that valuable rights are not lost.
For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.