The sudden impact of a car crash brings enough confusion. If the person who hit you is an out-of-state motorist, you face an added layer of questions about your next steps. The good news is that you usually handle your claim in the state where the collision occurred.
Filing a claim in your home state often simplifies some aspects when dealing with an accident involving an out-of-state driver. A car accident lawyer can guide you through the legal process as you seek compensation.
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The Basics of an Accident With an Out-of-State Driver
When a driver from another state causes your accident, a few key factors come into play. These factors influence how your claim proceeds.
Which State’s Laws Apply?
Typically, the laws of the state where the crash occurred govern the case. For example, if the accident happened in Seattle, then Washington laws apply. This principle is often called choice of law.
The state’s laws where the accident occurred determine who is at fault. They also define what types of compensation you might recover. States have different comparative negligence rules, which examine whether your actions contributed to the accident and their effect on your compensation.
Dealing With the Out-of-State Motorist’s Insurance Company
The at-fault driver from another state may have insurance from their home state. Their insurance company is responsible for covering damages they cause, up to their policy limits. Most insurance companies operate nationwide or have agreements to handle claims across state lines.
You file a claim with this out-of-state insurer. The adjuster assigned to your case should understand the state’s laws where the accident happened. Still, their primary experience is with their own state’s rules, which might create communication challenges.
Working with a personal injury lawyer is an easy way to make sure your state’s rules are being followed during your claim. They’ll handle the legal burdens and protect your rights every step of the way.
Minimum Insurance Coverage
Each state also sets its own minimum auto insurance requirements. The out-of-state motorist should carry at least the minimum coverage required by their home state. This amount might be lower than the minimums in your state.
For instance, if a driver from a state with low minimums causes your accident, their policy might not offer enough coverage for serious injuries or extensive property damage.
This makes understanding your own insurance options, like Underinsured Motorist (UIM) coverage, valuable after being hit by an out-of-state driver.
The Claims Process After a Collision With a Driver From Another State
The steps for handling a claim after a collision with a driver from another state are similar to any other car accident claim. However, there are some nuances to be aware of when making a claim.
Staying organized helps you navigate the process, and an attorney can assist throughout the course of your claim.
Reporting the Accident and Gathering Information
If the police came to the scene, request a copy of the report that they made. A police report provides an official record of the incident.
Then, try to obtain the other driver’s information, including:
- Driver Details: Get the out-of-state motorist’s full name, home address, and phone number.
- License and Vehicle Information: Note their driver’s license number, the state that issued it, their license plate number, and the state on the plate.
- Insurance Policy: Collect the name of their auto insurance company and their policy number.
Notifying Your Own Insurance Company
Inform your own auto insurance company about the accident. You should contact your insurer even if the out-of-state driver was clearly at fault. Your policy might have coverages that help you immediately.
In Florida, your Personal Injury Protection (PIP) coverage pays for a portion of your medical bills and lost wages, regardless of fault. In states like Washington, you might have Medical Payments (MedPay) coverage, which also helps with medical expenses.
Your insurer also needs to know about the accident in case you need to use your Uninsured/Underinsured Motorist (UM/UIM) coverage if the out-of-state motorist lacks sufficient insurance.
Filing a Claim Against the Out-of-State Motorist
You file a claim directly with the at-fault out-of-state driver’s insurance company. The process involves submitting documentation of your damages, such as medical bills, proof of lost income, and vehicle repair estimates.
The out-of-state insurer investigates the claim. They then determine fault and the amount they believe that they owe you for your losses. If you’re working with a personal injury lawyer, they’ll conduct their own investigation and calculate your claim fairly based on the evidence.
Potential Hurdles in Out-of-State Motorist Accident Cases
While many claims with an out-of-state driver proceed smoothly, some potential hurdles may get in your way. An attorney can assist in overcoming these challenges.
Service of Process if a Lawsuit Is Necessary
You might need to file a lawsuit if you cannot reach a fair settlement with the out-of-state driver’s insurance company. Service of process is the formal procedure of notifying the defendant (the out-of-state motorist) that they are being sued.
Serving someone in another state is more complex than serving a local resident. States have laws that allow you to sue an out-of-state resident in your home state’s courts if they caused an accident there.
There are specific rules for how to serve them properly, often involving sending legal documents via certified mail or through the Secretary of State. A personal injury lawyer can serve the at-fault driver for you.
Venue: Where a Lawsuit Is Filed
Venue refers to a lawsuit’s proper geographic location (county and state). Generally, you file a personal injury lawsuit in the courts of the county and state where the accident occurred. This is usually more convenient for you, as the injured party.
Filing in your local court means the proceedings happen near your home. It also means local judges and juries familiar with your community’s standards hear the case.
Unresponsive or Uncooperative Parties
Sometimes, an out-of-state driver might be difficult to contact after they return home. They might also be less motivated to cooperate with their own insurance company’s investigation, which sometimes delays the claims process.
Similarly, an out-of-state insurance adjuster might be slow to respond or less willing to negotiate fairly. They might hope the distance discourages you from pursuing your claim vigorously. However, car crash lawyers are persistent and will keep working to help you seek justice.
Your Rights When an Out-of-State Driver Hits You
You have the right to seek compensation for various damages caused by the at-fault out-of-state motorist. The laws of the state where the accident happened define what damages are recoverable.
Common types of damages include:
- Medical Expenses: This includes costs for emergency care, hospital stays, doctor visits, physical therapy, medications, and future medical needs.
- Lost Income: If your injuries prevent you from working, you claim compensation for lost wages and diminished future earning capacity.
- Pain and Suffering: This compensates for physical pain, emotional distress, and loss of enjoyment of life due to your injuries.
- Property Damage: This covers the cost of repairing or replacing your damaged vehicle and any other personal property damaged in the crash.
Utilizing Your Own Insurance Coverage
Your own auto insurance policy provides important protections, especially in accidents involving an out-of-state driver. Some key coverages are:
- Personal Injury Protection (PIP): In Florida, PIP is mandatory. It covers 80% of your reasonable medical bills and 60% of lost wages up to $10,000, regardless of who caused the accident. You use your PIP first for your injuries.
- Medical Payments (MedPay): In Washington, MedPay is optional. It covers necessary medical and funeral expenses for you and your passengers, up to your policy limit, regardless of fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This coverage is very useful if the out-of-state motorist has no insurance (uninsured) or not enough insurance to cover all your damages (underinsured). Your UM/UIM steps in to cover the shortfall, up to your policy limits.
The Statute of Limitations for Your Claim
The statute of limitations is a law that sets a strict deadline for filing a lawsuit. If you miss this deadline, you typically lose your right to sue for damages.
The statute of limitations for personal injury claims varies by state, but is based on the laws of the state where the accident occurred, not where the out-of-state driver lives.
For example, Florida generally has a two-year statute of limitations for negligence claims, and Washington typically has a three-year statute for personal injury. There are exceptions to these deadlines, so contact a car accident lawyer immediately to protect your claim.
How a Lawyer Helps With Your Out-of-State Motorist Accident Claim
Navigating an accident claim with a driver from another state presents unique challenges. A personal injury lawyer offers valuable assistance. They protect your rights throughout the process.
Navigating Jurisdictional Issues
A lawyer determines which laws apply to every aspect of your case. They understand the complexities of jurisdiction and choice of law. This knowledge forms the foundation for your entire claim strategy after an accident with an out-of-state driver.
Investigating the Accident and Gathering Evidence
Lawyers conduct thorough investigations into the accident. They gather police reports, witness statements, photos, and video footage. They also collect all your medical records and employment information to document your damages fully.
Calculating Your Full Damages
An attorney helps identify all your current and future losses, including economic damages like medical bills and lost wages. They also work to value non-economic damages, such as pain and suffering, which are often more subjective.
Communication With Out-of-State Insurers
Attorneys handle all communications with the out-of-state motorist’s insurance company. They present your claim effectively and counter common adjuster tactics. This frees you to focus on your recovery.
Service of Process and Legal Filings
If a lawsuit against the out-of-state motorist becomes necessary, lawyers manage the complexities of serving an out-of-state defendant according to long-arm statutes. They ensure all court documents are filed correctly and on time. This prevents procedural errors that jeopardize your case.
Negotiating a Fair Settlement
Most personal injury claims arising from accidents, including those with an out-of-state driver, settle out of court. Lawyers are skilled negotiators. They advocate for your best interests and help you achieve a fair settlement that covers your losses.
Representing You in Court
If the insurance company for the out-of-state driver at fault refuses to offer a fair settlement, your lawyer prepares your case for trial and represents you in court. They present your evidence and argue your case before a judge.
FAQ for Accidents Involving an Out-of-State Motorist
What Should I Do if an Out-of-State Motorist Hit Me?
Contact your insurance company to report the incident, even if you’re not at fault. Obtain the police report and note the out-of-state driver’s information: name, address, phone number, driver’s license details, vehicle registration, and insurance policy details.
Collect photos of the accident scene, vehicle damage, and all relevant documents. Reach out to a personal injury lawyer in the state where the accident occurred to discuss your options to safeguard your rights.
Do I Need To Hire a Lawyer in the Other Driver’s State?
No, you typically hire a lawyer in the state where the accident occurred. For instance, if the crash happened in Seattle, contact a Washington lawyer. If it happened in Orlando, contact a Florida lawyer.
In-state lawyers understand the local laws and court procedures applicable to your case against the out-of-state motorist.
How Does an Out-of-State Driver’s Insurance Work for My Claim?
The at-fault out-of-state driver’s auto insurance policy is generally the primary source for covering your damages. You file a third-party claim with their insurer. Their policy limits and terms apply, but the claim is handled according to the laws of the state where the accident took place.
What if the Out-of-State Motorist Doesn’t Have Insurance or Doesn’t Have Enough?
If the out-of-state motorist is uninsured or their coverage limits are too low to cover all your damages, you can turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage.
This coverage on your policy steps in to pay for damages that the at-fault driver’s insurance doesn’t cover.
How Long Does It Take To Settle a Claim With an Out-of-State Driver’s Insurance?
The time frame for settling a claim with an out-of-state driver’s insurance varies greatly. Simple property damage claims might resolve in weeks. Injury claims, especially those involving serious injuries or disputes about fault, take much longer, potentially many months or even over a year.
Factors include the complexity of the accident, the severity of injuries, the responsiveness of the out-of-state insurer, and whether a lawsuit is necessary.
Charting Your Course to Compensation
The road to recovery after being hit by a driver from another state might seem winding, but understanding your rights is the first step toward securing the compensation you need.
If a negligent out-of-state motorist injured you, contact our personal injury lawyers at Boohoff Law, P.A. today. We’ll listen to your story and explain your options.
Call us at (813) 445-8161 for a free consultation to discuss your case.
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