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Car Accidents In New York With Out Of State Motorists

June 25, 2010
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As a New York car accident lawyer, who also handles a large number of commercial trucking accidents, I have handled numerous personal injury cases involving out of state motorists who cause car accidents in New York.

One of the first questions every personal injury victim of a car accident asks their car accident lawyer is where can I sue. The answer is that New York law provides for jurisdiction over a defendant if the accident occurred in New York. Generally, the lawyer will have to file the lawsuit in the County where injured Plaintiff resides. The New York vehicle and traffic law provides that every out of State resident who drives into the State of New York, by entering New York appoints the New York Secretary of State as his agent for process of service. That means that the New York car accident lawyer can serve the summons and complaint upon the Secretary of State who will accept it on behalf of the out of state motorist. The New York car accident lawyer is required to serve an additional copy by certified mail upon the out of state motorist.

Another question New York car and truck accident lawyers hear is how much insurance is available. Many victims who have sustained personal injuries caused by out of state motorists are told by their insurance companies that they don’t have insurance to cover bodily injury, or they only have minimal policies. The law in New York, which all New York car accident lawyers must be familiar with is that New York is a deemer state. This means that any insurance carrier which writes policies in New York is deemed to automatically provide the minimum requirements of the New York Insurance law to the out of state car, regardless of their actual policy limits. This means, that if the out of state car or truck is insured by a company that writes policies in New York, the out of State car is deemed to have New York’s minimum requirements, the moment that the car enters the State of New York.

New York’s minimum requirements are $25,000 in liability coverage and $25,000 in no fault benefits. If you have suffered a personal injury in New York with an out of state car, you should consult with a New York car accident lawyer, who is experienced in handling car accident cases involving out of state motorists.

 
The Law Offices of Michael H. Joseph