When you are a tourist and you are involved in an accident, the situation can be more difficult to resolve than if you are simply driving around your hometown. An accident in another state can be challenging to handle if your case has to go to court, but handling an accident in a foreign country can be a nightmare. Here are three things to consider if you find yourself in an accident outside the USA.
Check with your insurance provider to find out if you are covered in another country. You may be surprised to find out that car insurance providers will sometimes cover you in some countries, such as Canada and Mexico.
If you are renting a car, the best way to ensure that you are covered is to purchase insurance from the rental company. Then, if you do suffer an accident, you can simply handle the problem through the rental company or their insurance provider. However, if you need to sue another motorist or if you are sued, you will need legal representation.
If you have suffered an accident in another country, you should definitely consider hiring a car accident attorney who knows the law in your location. Laws can be radically different across the world.
Bringing the Case to the USA
If you would like the US government to have jurisdiction over the case, you will need to show that you were physically present within the jurisdiction where the claim is being brought, that the defendant agrees to the United States having jurisdiction over the case, and that you live or do business within the jurisdiction.
You are allowed to bring a lawsuit across national borders, but the foreigner or foreign company can dismiss the lawsuit by explaining that coming to the United States would be highly inconvenient. However, whether the case is settled in the United States or abroad is based on the relationship the courts see between the traveler and the individual responsible for the accident.
Winning the Case
Regardless of where you have an accident, you should follow the same approach when trying to bolster your case. Make sure that you understand the traffic laws in the country where you had the accident. Take several photographs of the accident and your injuries. Receive medical treatment as soon as possible, not only for your own well being, but also to have a record of your injuries. By following the right procedures, you will increase your odds of winning the case.
For more information, contact law firms like Cok Kinzler PLLP.