September 6, 2024 Car accidents are stressful no matter where they happen, but when you’re involved in an accident outside of your home state, the situation can become more complicated. Each state can have its own set of laws, insurance requirements, and procedures for handling accidents, which can leave you wondering how to proceed.
Whether you’re on vacation, a business trip, or just traveling through, it’s essential to know how out-of-state car accidents are handled so you can protect your rights and navigate the situation effectively.
Immediate Steps to Take After the Accident
The actions you take right after an accident are crucial to your insurance claim. Here are the steps you should follow immediately after the accident occurs, regardless of what state you’re in:
- Check for injuries: Ensure that you, your passengers, and anyone else involved in the accident are safe. If anyone is injured, call 911 right away.
- Move to a safe location: If possible, move your vehicle to the side of the road to prevent additional collisions or injuries. Turn on your hazard lights to alert other drivers of the accident.
- Call the police: In most states, it’s a legal requirement to report accidents, especially if there are injuries or significant damage. A police report is a valuable document that will support your insurance claim and could be a vital piece of evidence when determining fault.
- Exchange information: Obtain the contact details, insurance information, and driver’s license numbers of all parties involved. If there are witnesses, get their contact information as well.
- Document the scene: Take photos of the accident scene, the vehicles involved, any damages, and any visible injuries. These photos will be useful for insurance purposes and could help resolve disputes later.
Different State Laws: What Changes in an Out-of-State Accident?
One of the most important things to understand about out-of-state accidents is that the laws of the state where the accident occurred will govern how the case is handled. These laws can differ significantly from your home state, and there are a few key areas where you’ll notice these differences:
Fault vs. No-Fault States
- At-Fault States: In an at-fault state, the driver who caused the accident is responsible for covering the damages. In these states, you can file a claim with the at-fault driver’s insurance, or you may need to file a personal injury lawsuit if the damages are significant.
- No-Fault States: In a no-fault state, each driver’s own insurance policy will cover their medical expenses and certain other economic damages, regardless of who caused the accident. In these states, you typically cannot sue the other driver unless your injuries are severe or exceed a certain threshold.
It’s important to know whether the state where your accident occurred follows an at-fault or no-fault system, as it will affect how you file your claim and whether you can seek compensation from the other party.
Comparative and Contributory Negligence
States also differ in how they handle the concept of negligence:
- Comparative Negligence: Many states use a comparative negligence system, where both parties can share fault for an accident. If you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover damages, but they will be reduced by 20%.
- Contributory Negligence: Some states use a contributory negligence system, which is much stricter. Under this system, if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. Only a few states still follow this rule, but it can have a major impact if your accident occurs in one of them.
Statute of Limitations
Every state has its own statute of limitations, which is the time limit for filing a lawsuit after a car accident. These timeframes can vary, so it’s important to be aware of the deadline in the state where the accident occurred. In most cases, you’ll have between one and three years to file a personal injury claim, but this can differ depending on the specifics of your case.
How Insurance Works in Out-of-State Accidents
When you’re involved in an out-of-state accident, your car insurance policy will usually follow you across state lines. However, there are some things to keep in mind regarding how your coverage applies:
- Liability Coverage: Your liability insurance will cover the damages to the other driver and their property, as long as your policy meets the minimum requirements of the state where the accident occurred. If the state’s required coverage is higher than what you carry, most insurance policies will automatically adjust to meet the higher limit.
- Collision and Comprehensive Coverage: If you have collision coverage, your insurance will cover the cost of repairing or replacing your car, regardless of who was at fault for the accident. Comprehensive coverage will apply in situations like theft, vandalism, or hitting an animal, even when you’re out of state.
- Uninsured/Underinsured Motorist Coverage: If the other driver is uninsured or underinsured, your uninsured motorist (UM) or underinsured motorist (UIM) coverage will step in to cover your damages. This is especially important in states where the minimum insurance requirements are lower than what you might have in your home state.
- Medical Payments Coverage: In states with no-fault insurance, you may also have Personal Injury Protection (PIP) or Medical Payments coverage that will cover your medical bills, regardless of who was at fault.
Vehicle Repairs and Getting Home
One of the most practical concerns after an out-of-state accident is what to do with your vehicle if it’s damaged and you’re far from home. Here’s how to handle repairs and transportation:
- Local Repairs: Your insurance company can help you find a local repair shop to handle the necessary fixes. Many insurers have partnerships with nationwide repair networks, which can expedite the process even if you’re out of state.
- Towing Your Vehicle: If your car is totaled or requires extensive repairs, you may want to have it towed back to your home state. Some insurance policies cover towing costs, but you’ll need to check with your provider to understand your coverage.
- Renting a Car: If your vehicle is undrivable, you may need to rent a car to get home or continue your trip. If you have rental car coverage as part of your insurance policy, this expense may be covered.
Filing an Out-of-State Insurance Claim
When it’s time to file a claim after an out-of-state accident, the process is largely the same as for in-state accidents. Here’s how it works:
- Contact Your Insurance Company: Report the accident to your insurance provider as soon as possible. Provide details about the accident, including the location, the other driver’s information, and any photos or evidence you’ve gathered.
- Work with a Local Adjuster: Your insurance company may assign a local claims adjuster from the state where the accident occurred. They will investigate the accident, assess the damage, and determine fault based on that state’s laws.
- Follow Up on Your Claim: Keep in touch with your insurance company to stay updated on the status of your claim. You may also need to work with the other driver’s insurance company if they are at fault for the accident.
When Should You Hire An Attorney?
In some cases, especially if the accident involves significant injuries, disputes over fault, or complicated state laws, you may need to hire an attorney. Here’s when hiring an experienced attorney can be an asset to your claim:
- Severe Injuries or Significant Damages: If the accident resulted in serious personal injuries or damages, it’s wise to consult with a personal injury attorney who understands the laws of the state where the accident occurred.
- Fault Disputes: If there is a disagreement over who was at fault for the accident, or if the insurance companies aren’t offering a fair settlement, an attorney can advocate on your behalf.
- State-Specific Laws: An attorney who is licensed in the state where the accident happened will be familiar with the state’s laws and can help ensure your case is handled properly.
In An Out-Of-State-Car Accident? Call Cellino
Being injured in an out-of-state car accident can add a layer of complexity to an already stressful situation. Understanding the differences in state laws, knowing how your insurance works across state lines, and taking the right steps can help ensure that your rights are protected and that you receive the compensation you deserve. At Cellino Law, our team of attorneys have the experience and knowledge necessary to assist you with your car accident claim. For a free consultation with a member of our legal team, call us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.