Where Do You Sue an Out-of-State Driver Who Causes an Accident
My question involves an injury that occurred in the state of: Oregon.
My daughter was a passenger in an accident involving a commercial vehicle which business is based in WA State. She is a resident of Washington. The accident occurred in Oregon, is she able to pursue court action in Washington, or does she need to do so in Oregon?
Thanks.
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
There's generally a choice of where the accident happened or where the parties are located.
Since they are both in WA, yes, she can sue in WA.
If she was injured she should be consulting a personal injury attorney in WA.
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Are we talking about insurance covering it, or a private suit against...whoever?
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Private suit against, had not yet contacted an attorney and having difficulty getting response from the adjuster. Thanks.
- - - Updated - - -
Sent you a personal message
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Please keep reminding the adjuster.
The reason I asked is that if there are leftover bills, she might find it nigh on impossible to actually collect. Winning is the easy part - having to collect is another matter.
Now with that said both OR and WA will allow you to garnish wages (to at least some extent). At this point though your daughter needs to let the insurance handle it for now.
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Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
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Quoting
BBQManic
Private suit against, had not yet contacted an attorney and having difficulty getting response from the adjuster. Thanks.
Are we talking car damage or injury or both?
Does your daughter have collision insurance on her car?
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Injury. My daughter was a passenger in the commercial vehicle. That driver rear ended another car & was cited at the scene by the State Patrol.
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Which statutue of limitations apply if the case lands in a Washington court? I understand Oregon has a 2 year, and Washington is 3 years. Thanks
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
Quote:
Quoting
BBQManic
Which statutue of limitations apply if the case lands in a Washington court? I understand Oregon has a 2 year, and Washington is 3 years. Thanks
What difference does it make?
If she's getting no response from the vehicle insurance, she needs to hire an attorney NOW. The attorney will know when to sue when the time comes.
Re: Where Do You Sue an Out-of-State Driver Who Causes an Accident
See RCW 4.18.020.
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Quoting RCW 4.18.020. Conflict of laws — Limitation periods.
(1) Except as provided by RCW 4.18.040,
if a claim is substantively based:
(a) Upon the law of one other state, the limitation period of that state applies; or
(b) Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.
(2) The limitation period of this state applies to all other claims.
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Quoting RCW 4.18.040. Application of limitation period of other state — Unfairness.
If the court determines that the limitation period of another state applicable under RCW 4.18.020 and 4.18.030 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.