Can I sue Out Of State Defendant In New York

[frankrizzo]

I live in New York and need to sue someone who lives in Alabama. It involves an auto accident where the other driver didn't have insurance. If I can't use small claims what are my options. Thanks in advance to all who reply.

 

[las365]

Where did the accident happen?

 

[frankrizzo]

The accident happened in New York

 

[latigo]

The accident happened in New York

If the Alabama motorist negligently or intentionally caused injury to person or property within the state of New York, then New York’s Long Arm Statute * gives the state courts personal jurisdiction over the Alabama motorist.

Also, I’m reasonable certain that New York has a statute similar to most others whereby a person operating a motor vehicle within the state automatically consents to the appointment of some state office or official as the agent for service of process arising out of any civil action involving the conduct of the non-resident motorist. But I can’t seem to find it??

Hopefully someone more familiar with NY laws will respond.
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[*] NYCPLR Section 302

§ 302. Personal jurisdiction by acts of non-domiciliaries;

“(a) Acts which are the basis of jurisdiction. As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent:

3. commits a tortious act without the state causing injury to person or property within the state, . . “

 

[ecmst12]

If small claims court is not an option, you are going to need a lawyer. Does the guy have any money? If not, you will spend more litigating than you have any hope of collecting. Most people who drive without insurance are not exactly rolling in dough.