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If I am involved in a car accident, and 1 year later I move to a foreign country for an international career opportunity...

San Jose, CA |

can the other party still sue me when I am out of country? (I am a US citizen.) If yes, do I have to go back to California for the lawsuit? And what if I move to another US state?

Attorney Answers 6


  1. Yes, you can be sued wherever you are, and if the plaintiff is anxious to get moving on the case they can serve you with the papers in a foreign country or another state. They can also choose to wait to serve you when you are back in California., since they get an extension of time while you are outside California.

    If you are sued your auto insurance will handle the case for the most part, but you will have to help them and appear for a deposition. You might be able to give the deposition by phone or appear in the country or state where you are working.

    In short, you won't be able to evade a lawsuit by leaving CA.


  2. Yes you can still be sued.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. Whatever you do, don't try to evade the lawsuit. The ramifications will be severe, and will only cause you more problems. Did you have insurance at the time? If so, you should immediately contact your carrier and report the incident. It's their job to shield you from liability, that's what you are paying them for. If you don't have insurance, they other party may try and sue you. Service of process can be completed out of state and even out of country. Good Luck.

    For more helpful information, call Bergener & Associates at 1-800-881-2021 or visit our website http://www.bergenerlaw.com. The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state. Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising.


  4. You can be sued no matter where you live when suit is filed. You need to stay in touch w/your ins co so they can contact you if needed to cooperate in the defense. If you dont cooperate, you could possibly lose your coverage, and end up with a judgment against you.


  5. You can be sued despite leaving the country. Hopefully you have already reported the accident to your insurance company. They should hire you counsel to defend you.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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