Nobody wants to get into a car accident while on vacation. Unfortunately, car accidents can happen to anyone.
These are a few important things that you should know if you get into a car accident while visiting West Virginia:
1. You may deal with an unfamiliar legal system.
In some states like Florida, New York, and Pennsylvania, there is this “no-fault” insurance which allows motorists to recover monetary losses from their own insurance company regardless of who is at fault.
However, in West Virginia, motorists are not required to carry a no-fault insurance. Instead, motorists rely on the process of determining the party at fault in order to recover regular civil claims.
2. The duration for filing a claim will be determined by the laws of West Virginia
Statute of limitations or the time limit for filing a claim for damages of a certain state may differ from other states. In West Virginia, their law provides for a period of only two years, to file a claim both for your property damage and personal injuries.
3. Expect that you will need an attorney practicing in West Virginia to help you in pursuing your claim.
Although there may be some exceptions which will allow you to file elsewhere, it is highly probable that you will need an attorney from West Virginia to help you in pursuing your claim for compensation. This fact is something that most people fail to realize until they are back in their home state.
When we say “Jurisdiction”, it is the legal authority to hear a case and decide on such a case. If the car accident happened in West Virginia and the vehicle was driven by a West Virginia driver, that will give the courts in West Virginia jurisdiction over the case.
4. When you work with an attorney from another state, you will find that it is not as difficult as it may seem.
Even if you will be claiming compensation from someone who lives halfway across the country from your own home state, never think that pursuing such claim is impossible. Do not give up on your right.