Navigating Legal Options After a Car Accident Involving a Driver Who Left the Country

Experiencing a car accident that results in injury or property damage is already stressful. When the driver involved is a foreign national who promptly leaves the country, the situation becomes even more challenging. In this article, we will discuss the steps you can take, the legal options available, and the importance of insurance claims.

Strategies for Handling the Situation

When a driver involved in an accident flees the scene and is a foreign national, pursuing a lawsuit can be difficult. The United States has no extradition treaties for civil suits, and a Canadian citizen, for instance, can simply ignore a US civil suit or a judgment against him without penalty.

In cases where the car was owned by an American, you should have already made a claim against the owner's insurance. However, if the owner was also Canadian, you might be left without a viable legal option.

Consider Suing the Car Owner vs. the Driver

Suing the owner of the car the driver was operating is like suing the owner of a legal gun that you were shot with instead of the actual shooter. This approach is both ineffective and morally questionable.

Procedures After an Accident

Upon an accident, a police report should be filed. Key documents like the police report are crucial for your case. After the police file a report, they typically notify the insurance companies involved. If the insurance companies were not notified, it raises questions about the adequacy of your documentation.

Getting a copy of the police report and retaining legal counsel to initiate the process is essential. Most states allow you to start legal proceedings against the other driver and their insurance company within 2 years of the accident. Failing to report an accident can result in serious legal consequences, so it's important to avoid taking this lightly.

Insurance Claims and Settlements

After a car accident, make sure to report the incident to your own insurance company. If you have collision coverage, your insurer will cover the damage to your car. If you have Personal Injury Protection (PIP) or MedPay coverage, your insurance company will pay for your medical bills, up to the coverage limit.

If your insurance company has not attempted to contact the other driver for insurance information, it's important to call your adjuster to inquire. Your insurance company may be pursuing subrogation, which involves recovering costs from the at-fault party's insurance company.

Depending on the state where the accident occurred, you may be able to pursue a tort claim for your injuries. Your adjuster can provide guidance on the applicable laws.

After collecting all necessary documentation and recovering from your injuries, you can begin the settlement negotiation process. In some cases, you don't necessarily need a lawyer to negotiate settlements.

Additional Resources and Expert Opinions

For more detailed advice on navigating car accident settlements without a lawyer, you can refer to the insights provided by Ingrid Halvorsen:

What is a Good Way to Get a Settlement from a Car Accident without a Lawyer? Do Lawyers Actually Get Big Settlement Claims for Accident Victims? How to Get an Accident Claim Adjuster to Up Their Offer After Three Negotiations

These articles offer valuable advice on various aspects of navigating car accident settlements, including the role of legal professionals and effective negotiation strategies.

Conclusion

Dealing with a car accident where the other driver has fled and is a foreign national can be daunting. However, taking the right steps can help you navigate the legal process and recover the compensation you deserve. Remember to make a claim with both your and the other driver's insurance, secure police reports, and consult with legal and insurance professionals as needed.