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Answered 2012-05-01 22:59:01

First of all, you should consider a lawsuit ONLY if there were injuries or extensive vehicular damage that isn't covered by your policy's underinsured or uninsured motorist coverage. This is the type of situation that underinsured or uninsured motorist coverage is for, so it should take care of it. If your case is a valid one (you aren't just trying to get a big cash settlement), I think you can still pursue it. The incident happened in your state and regardless of current residency, she will have to deal with it (e.g., if you get a ticket in another state you still have to respond). Also , in general, you don't have to be in the same state as the potential defendant to file a lawsuit.

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