Bel Air, MD asked in Personal Injury, Car Accidents and Civil Litigation for Maryland

Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

the accident was in Maryland and that would be inconvenient for me. Do I have to?

3 Lawyer Answers

Mark Oakley

Answered
  • Personal Injury Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Are you the one making the claim, or is the other driver? The proper venue is where the accident occurred. In almost all cases that is the jurisdiction suit must be filed in. A defendant can also be sued where they reside, but in an accident case you should stick to where the accident occurred. If you are the one suing, then beware: Virginia only has a 2 year statute of limitations, whereas Maryland is three years.

Eric Todd Kirk

Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Jurisdiction can be a tricky area of the law. From the situation you described it certainly seems as though Maryland would have jurisdiction over the case. A basis for jurisdiction in Virginia is not clear from your facts, but may exist. If you are bringing the claim, you you should probably consult with a skilled personal injury attorney.

Timothy Fizer

Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: If they filed suit against you in Virginia, and you yourself neither live not work there, they cannot force you to come to Virginia to defend the case. If you have insurance, and you have been sued, your insurance company will provide counsel to represent you, and will address such issues. Your question as it is phrased, however,does not provide enough information to be able to give you a reliable answer.

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