Where to file lawsuit, which state and which court

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 19, 2012

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Insurance Question from Canandaigua, NY

Asked on 09/19/2012

Where to file lawsuit, which state and which court If a person from NY got in an accident in VA with a truck driver whose company is in CO, and the truck driver was at fault, causing serious injury to the NY driver, what court will hear the case and in which state?

Answer given on September 23, 2012

If there is an auto accident in a different state then where either driver is insured, the insurance companies will settle the claim as required by the insurance laws and rules of that state. If you have information on the other insurance company you should file a claim with that insurance company. The courts will not be involved until the insurance companies settle the claim. If you file a suit immediately, it will probably slow down any settlement with the other insurance company since they will have to go through your attorney to work on any settlement.You can also file a claim through your insurance company. If you have medical payments coverage under your policy you should file with them as they will pay for some medical costs while the other insurance company will not pay for injuries until the claim is settled. That is standard procedure for medical losses in an auto accident.

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