What to Do After You’ve Been Injured in an Out-of-State Car Accident
Going on out-of-state road trips is common. Finding you and your car thousands of miles away from home may be something you find yourself experiencing a lot. However, getting involved in an out-of-state car accident usually isn’t something you take into account when driving across state lines. It’s important to be familiar with what to do ahead of time because the shock and panic that may set it when you’re far from home can be scary. If you are involved in an out-of-state car accident, two questions will be raised:
- Where do you file a personal injury lawsuit?
- Where do you file an insurance claim?
As with any accident, you should take photos or videos of the scene and get the names and contact information of any witnesses. You should call the police and be mindful of any physical injuries that may have occurred. You must also notify your insurance company and obtain the insurance information for the other parties involved in the crash.
Where To File A Personal Injury Lawsuit
In general, a person injured in a car accident can file a lawsuit in the state where: the defendant resides, or the car accident occurred. It’s important to hire an attorney following an out-of-state car accident, especially if you were injured because you will be dealing with two state’s laws. For instance, Florida is a no-fault state which means that your own insurance company may pay the medical claims, not the insurance company of the other driver involved. If you have an accident in a so-called tort state, though, you may have to pursue compensation from the driver who caused the accident and is considered at fault. Depending on the situation, the state may consider you partially or even completely at fault, which means your compensation is limited or denied.
You also have to take into account the state’s statute of limitations. Not all states have the same statute of limitations when it comes to car accident claims. If you’re planning on filing a lawsuit, make sure you know which statute of limitations applies to your claim so that you don’t wait too long to file your lawsuit. When involved in an out-of-state car accident, it is best to contact an attorney and have them help you decided which state is best to file a personal injury claim.
Where do you file an insurance claim?
When it comes to auto insurance, the most important thing you need to know is that your car insurance will cover you no matter where you are in the United States. For example, if you bought your car in your home state of California but get into an accident in Georgia, your policy will still cover you. Fortunately, because auto insurance policies extend beyond state lines, filing an insurance claim for an out-of-state accident is essentially the same process as filing a claim for an in-state accident. After calling your insurance company, they may assign you an adjuster from your hometown or the area where the accident occurred, depending on the company’s policies.
As long as you have sufficient auto insurance and your claim falls within the guidelines of your policy (not the insurance laws of the state where the accident occurred), you shouldn’t have any trouble receiving compensation. If you are unreasonably denied coverage, you should speak to an attorney to find out why.
If you or someone you know has been involved in a car accident, call 1-800-411-PAIN and get the help you need! We will refer you to the attorneys that will fight to get you the compensation you deserve and the medical attention you need. If you have been hurt in an accident, call 1-800-411-PAIN, and we will guide you in finding you the best medical and legal professionals.