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Hello, My sister was recently injured in an accident involving a bicycle which she was riding and a car.

Sunnyvale, CA |

The driver of the car was determined to be at fault for the incident.

Though the accident occurred in another state, she is currently in California receiving treatment for her injuries. They would like to consult with a local California lawyer for a few hours about how to deal with both insurance companies, and any other related questions.

I was wondering if it is possible to do the above in California even though the accident happened in another state. This is just regarding dealing with the insurance companies but not the potential lawsuit.

Thank you,

Robert

Attorney Answers 7


  1. you can consult with a California attorney but the advice you get may or may not be 100% accurate in the that laws of whatever state the accident occurred in may differ from ours. Furthermore, just a simple consult without retaining an attorney isn't going to lead to much information because we can't consult a non-client on how to proceed for fear of malpractice suits. As such, if your sister is considering legal advice I suggest she retain an attorney in the state it occurred.


  2. Your sister may want to consider consulting an attorney in the state where the accident happend as a lot of the applicable law will be the law of that state.

    Good luck.

    DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in this group discussion. Do not rely on informal comminucation in this forum as legal advice. If you wish to obtain legal advice you should hire an attorney in your State.


  3. Your case can certainly be handled in California. Whatever you do, before anyone does anything you need to consult with legal counsel and do not directly contact the insurance companies. They will attempt to take your taped statements and they are highly trained experts. What they are trained to do is pay very little or nothing on claims. You should be carefully insulated from all those efforts on the part of the insurance reps.

    I hope this is helpful.

    John N. Kitta
    Fremont

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  4. Sounds like a serious injury, you may want to consider retaining a California attorney. Even though the injury occurred outside the state of California, a CA attorney can help you and associate counsel in the state of the accident, if necessary.

    Timothy K. Hobbs II
    Attorney at Law
    Web: Hobbs Law Group
    Email: t.hobbs@hobbslawgroup.com

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.


  5. While you are free to consult with California counsel, an attorney from the state where she was injured is your best bet since they have the most knowledge on what the local laws/ordinances are.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  6. Although, under state law, the action can be filed in the state in which the injury occurred, there is also a possibility that the case will be in federal court. Some injury cases have concurrent jurisdictions. If your sister's injuries are valued at over $75,000 and if your sister lives in a state in which none of the defendants reside (which is known as diversity), then the jurisdiction of the case is concurrently the state in which the injury occurred as well as the federal jurisdiction. If a state court action is filed by your sister and the defendants wants it to be heard in federal court (and the diversity elements above are satisfied), then it can be removed the federal jurisdiction despite your sister's desires. In either case, it does not matter if the action is handled by local counsel or California attorney. The attorney who will represent your sister will have to be licensed to practice in the federal court and needs to know both federal civil procedure as well as the local substantive law.

    There can be advantages as well as disadvantages to your sister's case being heard in federal court versus state court depending on the circumstances of your sisters case and the state in which the accident occurred. You need to consider the procedural advantages and disadvantages of the federal jurisdiction versus the state jurisdiction.

    If you want to discuss, then please you feel free to give us a call.

    Marc Lazarus
    Russell & Lazarus
    1401 Dove Street, Suite 310
    Newport Beach, CA 92660
    Tel: (949)851-0222
    Fax: (949)851-2422


  7. Yes, an attorney in California can handle the case, at least from the insurance claims process. When a lawsuit is filed, it may get a bit complicated. If the case needs to be filed out of California, usually an attorney can associate with another attorney in that state and seek partial admittance to that states Bar, for the limited a limited purpose.
    Also bicycle accident take on a character different then other types of auto accident cases. I am an avid bicyle rider and familiar with the standards of care issues relating in cycling and interaction with vehicles. Sometimes the vehicle codes are vague in their application of cyclists. I would be happy to consutl with your Sister.
    Derryl Halpern
    dsh@halpernlawcorp.com
    818 78505999

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