Car accidents are stressful under any circumstances, but when the other driver is from out of state, the process of filing a claim or lawsuit can become even more complicated. Out-of-state drivers frequently pass through Illinois on major highways such as I-90, I-94, and I-55.
If you were in a car accident with an out-of-state driver, you may have questions about where a lawsuit can be filed, which laws apply, and whether Illinois courts have authority over the driver. Reach out to a car accident lawyer in Geneva for assistance with your claim.
Illinois Is an At-Fault State for Car Accidents
Illinois follows an “at-fault” system for motor vehicle accidents. This means that the driver who caused the crash is legally responsible for compensating others for their injuries and damages. If you are injured in Illinois by a driver from another state, you still have the same right to pursue compensation as if the driver were an Illinois resident. This may include medical expenses, lost wages, pain and suffering, and property damage.
Illinois law also uses a “modified comparative negligence” rule. If you are found partially at fault, your compensation will be reduced by your percentage of fault, but you can still recover damages as long as you are not more than 50% responsible. Out-of-state drivers are subject to these same rules when driving on Illinois roads.
Suing an Out-of-State Driver
When the at-fault driver resides in another state, there are additional legal considerations regarding where and how to file a lawsuit.
Personal Jurisdiction
Illinois courts have the authority to exercise jurisdiction over an out-of-state driver if the crash occurred within Illinois. By driving on Illinois roads, a nonresident driver effectively consents to being subject to Illinois traffic laws and the jurisdiction of Illinois courts. This means that even if the defendant lives in another state, you can typically file your personal injury lawsuit in the Illinois county where the accident happened.
In some situations, a driver’s insurance company may also be named in the lawsuit. Insurance carriers that do business in Illinois are generally subject to the jurisdiction of Illinois courts, even if the policyholder lives elsewhere.
Filing in Federal Court
In certain cases, a car accident lawsuit involving an out-of-state driver may be filed in federal court under the doctrine of “diversity of citizenship.” Federal courts can hear civil cases when the plaintiff and defendant are citizens of different states and the amount in controversy exceeds $75,000. For example, if an Illinois resident is suing a driver from Wisconsin for serious injuries with damages valued above that threshold, the case could potentially be filed in the U.S. District Court for the Northern District of Illinois.
Whether a federal court or an Illinois state court is the better venue depends on the facts of the case. An experienced personal injury attorney can evaluate the advantages and disadvantages of each forum.
Contact a Geneva Car Accident Lawyer for Help Filing a Claim Against an Out-of-State Driver
Accidents with out-of-state drivers can create added challenges. An experienced car accident lawyer can help you navigate your claim. Specifically, our car and truck accident attorney in Geneva can review your case, determine the best venue for filing your claim, and handle all legal aspects of your case.Â
If you have been injured in a crash, contact a Geneva car accident lawyer at Feagans Law Group for a free consultation.