What If I’m in a Car Accident in Another State?

Car accidents are stressful no matter where they happen, but dealing with one in another state adds an extra layer of complexity. From unfamiliar laws to out-of-state insurance policies, navigating the aftermath can feel overwhelming.

The US Department of Transportation reports that 40,990 people died in motor vehicle crashes in 2023, with millions more being injured, many permanently.

Understanding the steps to take and how state laws affect your claim can make the process go smoother and more quickly. Regardless of whether you’re on the road for work, vacation, or visiting family, there are things you should know if you’re in a car accident in another state.

How State Laws May Differ

One of the most confusing aspects of an out-of-state car accident is navigating different state laws. Each state has its own rules about liability, insurance requirements, and how claims are handled.

Fault vs. No-Fault States

In a “fault” state, the driver responsible for the accident is liable for damages, and their insurance pays for the injured party’s losses. In a “no-fault” state, however, your own insurance typically covers your medical expenses and lost wages, regardless of who caused the accident.

If the accident occurs in a no-fault state, you’ll need to file a claim with your insurer under your personal injury protection (PIP) coverage, assuming you have it. If the accident occurs in a fault state, you may need to pursue compensation from the other driver’s insurance company.

Jurisdiction and Legal Representation

If legal issues arise, such as disputes over liability or unpaid damages, you may need to understand how jurisdiction works. Generally, any legal claims related to the accident will fall under the laws of the state where the crash occurred.

Hiring an attorney familiar with the local laws and courts can make a big difference. For example, if you’re from Texas and the accident happens in Florida, you’ll want a lawyer licensed in Florida to handle your legal proceedings.

Because they’re local, they can help ensure you comply with the state’s procedural requirements and meet deadlines for filing claims.

Medical Treatment After an Out-of-State Accident

If you’re injured in an out-of-state accident, seek medical attention immediately. Delaying treatment can worsen injuries and make it harder to prove that they were caused by the accident. Keep all medical records and receipts for treatments, as they’ll be important when filing your claim.

Your insurance should cover your medical expenses according to your policy terms, but the process may differ depending on the state’s laws. If you’re unable to return home for follow-up care, check whether your policy covers out-of-network providers in your current location.

Rental Cars or Borrowed Vehicles

If the accident involves a rental car, you may need to work with both your personal auto insurer and the rental company’s insurance. Most personal policies extend coverage to rental vehicles, but you’ll need to confirm the specifics.

If you purchased additional coverage from the rental company, their policy may take precedence.

For borrowed vehicles, the owner’s insurance typically serves as the primary coverage. However, your insurance may act as a secondary policy if the owner’s limits are insufficient.

An out-of-state car accident can be stressful, but understanding the steps to take can help you confidently navigate this situation. By documenting everything, contacting your insurance company promptly, and knowing how the local state laws can impact your claim, you can avoid frustrating and costly delays or disputes.

If you find yourself facing legal or insurance challenges, seek professional advice to protect your rights and ensure a fair resolution and the compensation you need to get back to your life. Whether you’re driving across the country or just over the state line, being prepared can make all the difference.

If you’ve been injured in an out-of-state situation, the Law Office of Matthew L. Sharp can help.