Car Accident Lawyer Virginia Beach
If you’ve ever taken a road trip or traveled out of state for work or vacation, you’ve probably wondered—what if I get into a car accident?
Though no one wants to imagine it, getting into an accident far from home is more common than you may think. Nevertheless, it can feel overwhelming trying to handle the fallout, particularly if you were injured in the crash.
Understanding your rights and options can make all the difference. Imagine, for example, that Sara, a Virginia resident, drives to visit her family in Charlotte, North Carolina. On the way, she is rear-ended by a distracted driver on I-85. Her car is totaled, and she suffers a serious neck injury requiring ongoing treatment.
She comes back home, confused about where to begin. Should she file a personal injury claim in Virginia or North Carolina? Who should represent her? And what doctors should she go to for treatment?
At Shapiro, Washburn, & Sharp, we have decades of experience handling cases throughout the East Coast. Our firm regularly helps clients navigate complex out-of-state claims. Whether your crash occurred in North Carolina, Maryland, Florida, or anywhere in between, we have the legal knowledge, professional connections, and commitment to advocate for your rights and help you get the results you deserve.
Call our Virginia Beach car accident attorneys at 833-997-1774 for a free consultation.
If I Get Into a Car Accident Out-of-State, Where Do I File?
The rule would require that you file suit in the state where the accident occurred, since their courts would be deemed the proper venue.
In Sara’s case, that would mean she would need to file her claim in North Carolina, even though she lives in Virginia. Fortunately, she doesn’t have to do this alone.
At Shapiro, Washburn, & Sharp, our attorneys are not only well-versed in the laws of neighboring states, but we also maintain strong relationships with trusted local law firms and medical professionals. We can guide you forward confidently, whether that involves investigating the accident scene, gathering medical records, or working with local doctors.
With Sara, for instance, we could step in and represent her since we typically represent clients in North Carolina. If she had gotten into an accident in another state, we could help ensure she received top-notch legal representation without having to start over from scratch with an unfamiliar firm.
What’s Different About Out-of-State Accidents?
When you’re involved in a car accident outside your home state, a few key differences come into play.
Jurisdiction and Legal Procedures
Anyone involved in an accident has to follow the legal rules of the state where the accident occurred. That includes filing deadlines, damage caps, insurance minimums, and comparative fault rules. Comparative fault determines how much compensation you can recover if you were partly at fault.
For example, North Carolina uses a pure contributory negligence rule, which means if you are found to be even one percent at fault, you may not be able to recover damages. Virginia has a similar rule. If your accident occurred in South Carolina or Florida, however, where they follow the comparative negligence rule, you could still recover partial compensation.
Local Resources
If you’re injured, you may require medical care from doctors in the area where the crash happened. This isn’t required, though. If you’re medically able to travel, you can wait to be treated by your regular physician once you get home.
There are a few important things to keep in mind:
- Immediate documentation is key: If you’re injured, it’s best to seek some form of medical evaluation as soon as possible, typically within 24-48 hours of the crash, even if you have to go to the local urgent care or emergency room. This creates a timely record linking your injuries to the accident that can be helpful in a car injury case.
- Follow-up care can happen at home: After that initial treatment, you can choose to undergo any ongoing treatment or follow-ups you need with your own doctor or specialists in your home state.
- Insurance companies: If there is a significant gap between when the accident occurred and when you went to the doctor, the insurance companies involved may argue that your injuries weren’t that serious or weren’t related to the accident at all. This can harm your case and make it harder to obtain compensation.
So yes, you can wait until you get home to see your doctor, but it’s smart to get checked out locally first.
Legal Representation
Not all attorneys are licensed to practice in every state. Our team at Shapiro, Washburn, & Sharp have relationships with attorneys in other states. We are also admitted to multiple jurisdictions, which helps us support your claim seamlessly.
What Stays the Same in an Out-of-State Car Accident?
While some things change, some things stay the same.
Your car insurance, for example, still applies. Whether you’re driving across the street or across the country, your auto policy follows you. Your insurer will cover you (up to your policy limits), regardless of the state.
The process of collecting evidence is also the same. No matter where the accident occurs, it’s still important to document everything you can. That means getting pictures of the damage, gathering contact info from witnesses, and seeing a doctor as soon as possible.
Steps to Take After an Out-of-State Car Accident
If you’re injured in a car accident in another state, follow these steps.
Call 911 Immediately
Report the accident and request medical attention if needed. A police report from the local department can be crucial in your case.
Exchange Information
Get the name, address, phone number, driver’s license number, and insurance information from the other driver(s).
Gather Evidence
If you can, take photos or videos of the accident scene, damage to all vehicles, skid marks, road conditions, and any visual injuries. Take down the names and contact information of any witnesses.
Seek Medical Treatment Locally
Visit an emergency room or urgent care facility in the state where the accident occurred. Follow up with your primary care physician when you get back home.
Notify Your Insurance Company
Tell them about the accident. Be honest, but avoid admitting fault.
Contact Your Car Accident Lawyer
Working with an experienced law firm like Shapiro, Washburn, & Sharp helps you make sure your rights are protected.
Note: These steps are essentially the same whether your crash happens at home or in another state.
How Can a Car Accident Attorney Help?
If you or a loved one was injured in an out-of-state car accident, contact us at Shapiro, Washburn, & Sharp. We’ve handled countless cross-border cases involving serious accidents and know how to build a strong case that maximizes your compensation.
We’re here to help you navigate the process and get the justice you deserve, as we did for a client who suffered a broken hip and fractured vertebra after being hit by a drunk driver. We helped obtain a $200,000 settlement for lost earnings and pain and suffering.
For your convenience, we have offices in Virginia Beach, Norfolk, Suffolk, Hampton, and Portsmouth.