Yes, your insurance will cover your car if you are in another state. Your insurance coverage follows you if you cross state borders daily for work or school or occasionally for a road trip.
At the accident scene, exchange information with the other involved driver, file the appropriate police report, and report the accident to your insurance provider just as you would in your home state.
If you were injured in a motor vehicle accident in another state, the insurance and legal process of obtaining compensation can be confusing. A Metairie car accident lawyer can help you navigate your claim and seek financial compensation. Most personal injury law firms will also accept your case on a contingency fee basis and offer a free initial consultation.
What You Should Do After an Out-of-State Car Accident
An auto accident can be a frightening and stressful event, no matter where it occurs. In most cases, you should take the same steps for an out-of-state car accident that you would take after an accident in your home state, including:
- Staying at the scene
- Getting medical help
- Filing a police report
- Exchanging insurance information with the other involved driver(s)
- Gathering evidence, if possible
- Notifying your insurance provider
Taking these steps serves three important purposes. First, it will cement the details of the accident in a police report—an important piece of evidence for your case file. It will also ensure you get any needed medical care. Finally, it will satisfy the insurance company, which will request a copy of the report when you file a claim.
Notify Your Automobile Insurance Company About the Accident
Your auto insurance policy will have specific details that dictate how and when to file a claim, including when to report an accident. Follow these details to avoid the insurance adjuster invalidating your claim because you filed too late.
You will receive a claim number that you (or your lawyer, if you have one) can refer to later. A Metairie personal injury lawyer can then guide you through the claims process in the accident state and help you seek damages, if applicable.
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Your Auto Insurance Company Should Cover the Costs of an Out-of-State Car Accident
After an accident in another state, your insurer should cover your expenses (minus your deductible depending upon who is determined to be at fault) just as it would if you were in your home state. If a negligent driver caused your accident, their insurance company (regardless of their state affiliation) should cover your expenses and losses.
You can generally turn to your insurer first for compensation, and they will later seek reimbursement from the liable party’s insurer through a process called subrogation. If you live in a no-fault state and have personal injury protection (PIP) insurance, it may also help pay for your medical bills, regardless of who is at fault.
If you were fully or partially responsible for causing the accident, your auto liability insurance coverage will compensate the injured party by paying for some or all of their:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Wrongful death damages, if applicable
Damage caps in the accident state could affect the amount of compensation accident victims can recover. For instance, in Mississippi, there is a cap of $1,000,000.00 for all noneconomic damages, also known as general damages, except in medical malpractice cases. In Louisiana and Texas, there is no such cap for personal injury cases outside of medical malpractice cases.
What You Should Know About Your Auto Insurance Deductible
If you are at fault for an accident, you are responsible for paying your deductible no matter where the car accident happened. The amount of your deductible (which you selected when you purchased your auto policy) will be deducted from any compensation you receive after an accident.
In addition, filing a claim might cause an increase in your insurance rates, according to the Insurance Information Institute (III).
The Accident State Determines the Statute of Limitations
Investigating a car accident in detail can take time. However, state law limits the amount of time you have to file a lawsuit after a car accident. It varies from state to state and can fluctuate for many reasons.
A local car accident attorney can help you accurately interpret the filing deadline and avoid the potentially costly consequences of filing your personal injury lawsuit too late. Your legal team can file your lawsuit on time and in the appropriate venue.
Consult a Personal Injury Law Firm Familiar With Out-of-State Car Accidents
The personal injury and insurance laws of the state where the accident occurred will govern your accident. It might be helpful to your injury claim to hire a local attorney who understands:
- The statute of limitations
- Accident reporting obligations
- Evidence collection
- Car accident investigations
Your legal team will collect supporting evidence at the accident scene and from your home state. Accordingly:
- Evidence from the accident state can include police reports, photos, and accident reconstruction reports.
- Evidence from your home state can include medical records and bills and proof of employment and income.
An experienced car accident lawyer can compile all evidence from both states into a cohesive case file that they will use to support your personal injury claim and compensation request.
Your Attorney Will Work to Prove Negligence After an Accident in Another State
Each state has varying laws about comparative or contributory negligence and how it may impact your car accident claim. If you are a victim of a negligence-based accident, your lawyer must gather proof of the following elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Your auto insurance carrier and legal representation will clarify the role these elements play in your insurance claim and how they could decrease or eliminate financial compensation for the victim or the defendant.
You Can Hire a Local Attorney at No Out-of-Pocket Cost to You
Personal injury law firms usually represent car accident clients on a contingency basis. They will accept your case and cover all its upfront expenses without requesting any fees or retainers from you.
Your lawyer will accept a percentage of your recovered damages (settlement or verdict) as their fee. That means if you do not receive compensation, you will not owe any attorney fees.
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Get Legal Support for Your Out-of-State Car Accident Claim
Your insurance covers your car if you are in another state. Our legal team can help you build a strong injury claim and pursue the financial recovery you need and deserve. We promise to help you get the best possible medical care and fight for the compensation you need and deserve.
Find out how hard we have worked to build an A+ team for our clients. Contact Poolson | Oden Injury Lawyers to explore your compensation options during a free initial consultation today.