In a Car Accident Out of State? Here’s What You Need to Know

A car accident that happens outside of your home state can make an already stressful event feel even more complicated.

The good news is that your car insurance will likely cover you. However, your car repairs, insurance claim, and personal injury lawsuit may happen in a different state.

If you were the victim of another driver’s negligent actions, the best way you can advocate for yourself is to hire an experienced car accident attorney like Colbert Cooper Hill. Even if we cannot represent you in the state where the legal proceedings occur, we can gladly recommend a trusted lawyer who can help you get the compensation you deserve.

Does My Auto Insurance Cover Out-of-State Accidents?

First of all, immediately after any accident, you should follow our recommended checklist to exchange contact and insurance information, seek medical attention, and document the accident scene. These steps help ensure the safety of everyone involved and preserve valuable evidence that may be needed later.

Regardless of which state you’re in, you should notify your own auto insurance provider as soon as possible.

Virtually every auto policy issued in the USA covers all the states and most of them cover Canada, too. It’s unlikely that they cover Mexico, but you should always review your insurance coverage before you drive in another country.

The specifics of your coverage will depend on state laws. More specifically, it depends on if the accident happened in an at-fault state or a no-fault state.

How do State Fault Laws Affect My Claim?

Oklahoma is an at-fault state (also known as a tort state). This means that when a car accident happens, the at-fault driver’s insurance company is responsible for handling the claims.

If a car accident occurred in a similar state, then you can expect your insurance claims to be similar there as well.

A handful of states follow no-fault laws. This means that regardless of who is at fault for the car accident, each driver files a claim with their own insurance company. Their own injuries, medical bills, property damage, and more are all paid for by their own insurance policy.

If you are from an at-fault state and get into a car accident in a no-fault state, you will have to file a claim with your own insurance to receive compensation for your damages. It doesn’t matter who caused the accident.

Personal Injury Claims for Out-of-State Car Accidents

If a motor vehicle accident caused serious injuries, you may have a substantial claims process. This may include a personal injury lawsuit.

You will most likely need to file a lawsuit in the state where the accident occurred. However, if the other driver was also from out of state, you may file the lawsuit in their state of residence. In an accident with a commercial vehicle, the lawsuit can be filed in the state of the accident or the state where the business is located. In an accident with parties involved from multiple states, you can sue all the other parties in a single state where just one of the defendants resides.

With that said, there is a presumption that the laws that apply are the laws of the state where the accident took place. Legally, it is very difficult to overcome that presumption for car accidents.

States have different rules that could seriously affect your lawsuit:

• The statute of limitations can be different. Typically, the limit for car accidents is either 2 or 3 years.
• The definition of “serious” injuries can change from state to state.
• Insurance policy coverage minimums can vary by state and can seriously limit the amount of compensation you can collect.
• State laws on negligence can play a very important factor. More on this below.

An experienced car accident lawyer can help you navigate the differences in state laws and help you determine the best strategy to recover fair compensation for your accident. With so many laws at play, they will know how to find you the best advantages in the laws of the states involved.

Personal injury attorneys are licensed by state. If you live near a state border, it should be easy to find an attorney licensed in both states. And if your accident was far from home, you can seek the advice of a local lawyer to help you find an experienced attorney for your out-of-state car accident.

State Laws on Negligence

One of the biggest factors that influences your personal injury claim is the local laws on negligence.

Pure contributory negligence laws are the most difficult for car accident victims. If the plaintiff (or victim) is found to be even 1% at fault for the accident, they cannot recover any compensation. This means that the insurance company only has to show that you contributed to the accident a tiny bit, and suddenly they don’t have to pay out a dime.

States with comparative negligence laws fall into two different categories:

• Pure comparative negligence means that if you are partially at fault for the accident, your damages are reduced according to your fault in the accident. For example, if you are 60% at fault, then your awarded damages are reduced by 60%.
• Modified comparative negligence means that you can only pursue compensation if you are less than 50% or 51% at fault for the accident, depending on the particular state. Again, your damages are reduced according to your fault in the accident. For example, if you are 60% at fault, you cannot seek compensation. If you are 25% at fault, your awarded damages are reduced by 25%.

This is one of the ways an attorney can be invaluable after a crash. If you are trying to argue your case in a pure contributory negligence state, you need an aggressive lawyer who can defend your rights as a victim. Even in states with comparative negligence laws, a lawyer can argue to reduce your fault, which automatically increases your payout. A skilled lawyer can build a compelling case and help you get the insurance money you deserve.

After an accident in another state, the legal process, insurance requirements, and local laws can all significantly affect your claim. A local, trusted car accident attorney can navigate the complicated bureaucracy on your behalf so you can focus on medical care and recovery.

In An Out-of-State Accident? Call The Wolf Pack™

Whether you’re a local driver or from out of state, we can help you fight for your rights after a car accident. Our experienced attorneys can argue aggressively on your behalf, building a strong case for you based on the police report, medical records, phone records, digital footage of the accident, and other evidence. If your lawsuit needs to be filed across state lines, don’t hesitate to reach out – we can still connect you with another trusted attorney who can help.

If you were the victim of a car accident out of state, don’t let the other driver get away with it. Call The Wolf Pack™ and get the fair treatment you deserve.

For a free consultation with our legal team, please call (580) 271-9672 or fill out our online contact form today to get started. We can help you understand state laws and let you know your legal options for a claim.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.