Any car accident can be stressful, no matter how minor. When these accidents happen out of state, the stress can be far worse and the situation more complicated. When you’re in a car accident outside your home state, there are a lot of other factors you’ll need to consider.
Immediate Steps to Take After an Out-of-State Accident
The steps you’ll want to take after an accident in another state are similar to what you’d do if you were in your state of residence. However, you might need additional coordination and attention to detail since you’re unfamiliar with the territory. Immediate steps to take at the scene of an accident include:
- Your safety and that of the other drivers should be your top priority, so call 911 immediately.
- If you can, move out of your vehicle and the roadway to avoid further accidents or injuries.
- Regardless of if you think the accident doesn’t need police at the scene, call the police.
- Collect information from the other driver(s) involved in the accident.
- Take pictures and videos of the accident scene. Ensure you include all damage to your vehicle and the others.
- If anyone saw the accident, also take down their information.
- Avoid admitting fault.
Reporting the Accident to Local Authorities
No matter how minor the accident, you should contact the local authorities when you’re involved in one in another state. Whether it’s the local police or highway patrol, getting in touch with them is helpful since policies might differ from your home state. Some things to remember are:
- Police officers at the scene can be invaluable when filing a claim with an insurance company
- Be prepared to give a detailed account of what happened; always stick to the facts and avoid admitting fault
- Ask for a copy of the police report from the responding officers
- If the authorities don’t come to the scene, file a police report at the closest police station
- Take down the names and badge numbers of the responding officer(s)
How Insurance Works After an Out-of-State Car Accident
Most car insurance policies cover accidents regardless of where they happen in the country. The car accident claims process and details might vary when you’re in another state:
- Always contact your insurance company immediately to get the personal injury claims process started.
- Make sure that you understand what your out-of-state coverage entails.
- Prepare yourself for procedures different from those in your home state.
- Document all communications with your insurance provider.
Understanding Liability Insurance Coverage Across State Lines
Liability insurance will likely be adjusted to meet the state’s minimum requirement where the car accident occurred. If you’re in a state with a higher minimum, your liability insurance will likely increase to meet that requirement.
It’s a good rule of thumb to carry more than the minimum required coverage, especially when driving in another state. This will help protect you from potential lawsuits if you’re at fault in a serious accident.
Uninsured and Underinsured Motorist Coverage
Adding uninsured and underinsured motorist coverage can be beneficial when driving in another state. This insurance coverage protects you if you’re in an accident with another driver who is uninsured or underinsured and can’t pay for your damages and injuries. States have different requirements for this insurance coverage, so it’s best to look into your policy before traveling.
Navigating No-Fault vs. At-Fault States
One of the most complicated things to deal with when dealing with a car accident out of state is navigating no-fault and at-fault insurance systems.
In states with no-fault laws, each driver’s insurance covers their medical expenses and lost wages, no matter who is at fault. There are restrictions on when a person can sue another person for additional damages.
In states with at-fault state laws, the driver who caused the accident is held responsible for paying the damages. They usually pay them through their liability insurance. More often than not, the state laws where the accident happened will apply, but your insurance policy will affect how the claim is handled.
Personal Injury Protection coverage (PIP) is required in no-fault states but still might apply if you’re in an accident in an at-fault state. This will help provide extra coverage regardless of fault.
Handling Medical Care After an Out-of-State Accident
Getting medical attention after an out-of-state car accident is essential but can be more challenging:
- Seek medical attention immediately to ensure you’re okay or taken care of.
- Let the medical providers know about your healthcare and auto insurance.
- Maintain a detailed record of all your treatments and medical bills as proof if you seek compensation.
- Follow up with your primary care physician so they can assess your condition and continue care if necessary.
It’s important to note that your health insurance may not work in another state. In this situation, the at-fault driver often has to cover medical treatment bills. Always research whether your medical insurance will work before traveling to another state to ensure you’re prepared.
Returning Home After Treatment
If you sustain severe or even moderate injuries, you must continue your medical care when you return home. This isn’t just important for your health, but is crucial if you file a personal injury lawsuit against a negligent driver. Here are some tips:
- Transfer your medical records.
- Follow through with the planned treatment.
- Record all the treatment received, including dates, times, providers, and medical costs.
- Continue to communicate with insurance companies.
What Happens if the Accident Leads to Legal Action
Like in your home state, an out-of-state auto collision can lead to legal action. If that happens, it’s essential to understand the following:
- Most car accident cases need to be filed in the jurisdiction where the accident happened.
- Even if you file a personal injury claim in your home state, they might apply the negligence laws in the state where the accident happened.
- The statute of limitations might differ between states.
- You’ll want to work with a licensed car accident attorney to assist you.
Understanding the Statute of Limitations for Out-of-State Accidents
The statute of limitations dictates how long you must file car accident claims. This can vary from state to state, so it’s essential to look into the deadline for the state where the car accident happened. You can always consult with your attorney to ensure you’re within the statute of limitations.
Dealing with Rental Car Accidents Out of State
Car accidents in another state with a rental car are similar in that you need to document everything but you’ll need to notify the rental car company, too. There are additional factors you need to consider:
- Your rental agreement should outline the company policies regarding accidents.
- Determine which insurance policy applies.
Coordination Between Attorneys Across State Lines
If you’re filling a claim, you must work with an attorney licensed in your home state and the accident state or two different lawyers. The attorney in the state where the accident happened will be familiar with local laws and regulations, while your home state attorney will handle all communications with them for you.
Should You Hire a Lawyer for an Out-of-State Car Accident?
Since out-of-state car accidents can be complex, hiring an attorney to handle your case is best. They’ll have extensive knowledge and experience handling car accidents in other states and ensure your rights are protected even after you return home. They’ll communicate with all necessary parties for your insurance claim to obtain the best outcome possible.
Potential Challenges With Insurance Companies
There are some challenges you might face after a car accident in another state:
- Your insurance company might not be familiar with other state laws.
- There can be coverage disputes.
- If you receive medical care in another state, your insurance might consider the hospital an out-of-network provider, leading to higher medical bills.
- Distance and jurisdictional issues can lead to delayed processing.
- Coordinating through multiple parties across state lines can be complicated.
Some ways to navigate these challenges are:
- Keep records of all communications.
- Be persistent.
- Hire an experienced attorney.
Compensation You May Be Entitled to After an Out-of-State Accident
Varying state laws can impact the compensation you receive. The compensation you might be entitled to includes:
- Medical expenses for all current and future medical costs.
- Lost wages from missing work.
- Pain and suffering from emotional distress and physical injuries.
Secure Expert Legal Counsel!
Getting into an out-of-state car accident can be more complicated than one in your home state. Making sure you take the proper steps afterward will help the process go as smoothly as possible. Seeking legal advice from an experienced lawyer will help alleviate your stress as you navigate the auto insurance claims process.
Contact Rosenfeld Injury Lawyers at (888)424-5757 to book a free consultation with a car accident law firm providing services nationwide.