Getting into a car accident anywhere at any time is a stressful experience. But being involved in a collision while you are out of state can be even more overwhelming. Feelings of shock or panic can cause drivers to make costly mistakes in the moments immediately following the accident.
Dealing with unfamiliar laws, insurance claims, and logistics can feel overwhelming. In this article, we will discuss what to do if you are involved in an out-of-state car accident and how to navigate the legal procedural challenges that could arise.
If you have been involved in an out-of-state car accident and need legal assistance, our experienced personal injury attorneys are here to help. Call Hauptman, O’Brien at 24/7 at (402) 241-5020 today to schedule a free case review.
Steps to Take Immediately After an Out-of-State Car Accident
According to the National Highway Traffic Safety Administration (NHTSA), there were over 5.9 million police-reported traffic accidents in 2022. The moments immediately following a car accident can be confusing and charged with emotion.
When involved in an out-of-state car accident, do your best to remain calm and follow these steps:
- Prioritize health and safety: Check yourself and others involved in the accident for injuries. Move to a safe location if possible, but don’t leave the accident scene.
- Notify emergency services: Call 911 to report the accident and request medical assistance if needed.
- Exchange information: Get the names, contact details, insurance information, and vehicle registration of all drivers involved. Collect contact info from any eyewitnesses.
- Document the scene: Take photos or videos of the accident scene. Be sure to include vehicle damage, license plates, road conditions, and any visible injuries.
- File a police report: A police report is an important piece of evidence for insurance claims and any potential lawsuits. Be sure to request a copy of the report or the case number for future reference.
- Notify your insurance company: Contact your insurance company to report the accident as soon as possible. It’s ideal to take this step only after seeking your lawyer’s advice, however.
Understanding Out-of-State Car Accident Laws
Each state has its own traffic laws, insurance requirements, and liability rules. Here are some points to consider when involved in an out-of-state car accident.
Fault laws
Most states, like Nebraska and Iowa, follow at-fault insurance laws. In these “fault states,” the person who caused the accident is typically responsible for damages and injuries. When involved in a car accident, you file a claim with the at-fault driver’s insurance company.
In “no-fault states,” drivers are required to carry personal injury protection (PIP) insurance coverage. In no-fault states, your own insurance company will cover your medical expenses and lost wages, regardless of who caused the motor vehicle accident.
Insurance laws
Most car insurance companies provide coverage across the United States. This means if you live in Nebraska and take a road trip across the country to Florida, you should be covered across all state lines.
However, state-specific insurance requirements may apply. Your coverage limits might adjust to meet the minimum requirements of the state where the car accident occurred. It’s a good idea to confirm your coverage details with your insurance provider before taking off on a trip.
Comparative and contributory negligence laws
Some states follow comparative negligence laws. This means that your compensation may be reduced if you are partially at fault.
Other states follow contributory negligence rules, which could prevent you from recovering any damages if you share part of the blame.
Filing deadlines
Be aware that the time limit for filing an accident claim varies from state to state. For example, the statute of limitations on most personal injury cases in Nebraska is 4 years, while it is only 2 years in Iowa.
Failing to file your personal injury claim within the statute of limitations in the state where the accident occurred could lead to you missing out on compensation.
Obtaining Medical Care Following an Out-of-State Car Accident
It is important to seek medical attention following a car accident. Even if your injuries seem minor, some conditions (like concussions or internal injuries) may not show immediate symptoms.
Prompt medical attention not only ensures your health but also creates a documented record of your injuries, which will be essential for any future legal claims. If you receive medical care out of state, ensure that you have copies of your medical records to share with your primary care provider or specialists once you return home.
Most auto insurance policies offer coverage regardless of whether the accident occurs in the US. If your car insurance policy is insufficient, your health insurance may cover some costs for medical treatment.
What About Driving a Rental Car in an Out-of-State Accident?
If you are involved in an accident while driving a rental car, contact the rental company as soon as possible to notify them of the incident. Most rental agreements include instructions for reporting collisions. They will guide you on the next steps, including how to return or exchange the vehicle.
It is important to know what type of insurance coverage you have before you file a claim. It might be your own personal auto insurance, credit card coverage, or rental car insurance.
If you are injured or facing disputes over liability, be sure to contact a personal injury law firm. A car accident lawyer can guide you through the claims process.
Why Hire a Personal Injury Lawyer Following an Out-of-State Car Accident
After being injured in an out-of-state car accident, you may be wondering whether you should hire a lawyer or try to handle the claim on your own. Let’s discuss some key reasons why it is a good idea to hire a lawyer after being in an accident in another state.
Understanding jurisdictional laws
As discussed earlier, each state has its own set of laws regarding car accidents, insurance claims, and personal injury cases. Compliance with local regulations maximizes your chances of receiving fair compensation.
Dealing with insurance companies
Insurance companies often take advantage of claimants unfamiliar with local laws and processes. Adjusters may offer low settlements or attempt to deny claims outright.
An experienced car accident lawyer will counter their tactics by:
- Negotiating with insurance companies to secure a fair settlement
- Handling cross-state insurance complications, such as dealing with multiple policies or uninsured motorists
- Preventing you from inadvertently saying or signing something that could harm your claim
Navigating complex legal procedures
Often, car accidents that happen out-of-state involve multiple jurisdictions, which can complicate the legal process. As an example, you may need to file a personal injury lawsuit in the state where the accident occurred, not your home state.
A skilled care accident attorney will coordinate these efforts on your behalf, ensuring all necessary documentation and evidence is properly gathered and submitted.
Proving fault and liability
To recover compensation for your injuries, you will need to prove that the other driver’s negligence caused the accident. This process can be more challenging when the accident occurs out of state because gathering evidence and securing witnesses may require long-distance coordination.
Your personal injury lawyer can assist with the following:
- Collecting police reports, medical records, and witness statements
- Consulting accident reconstruction experts if needed
- Securing footage from surveillance cameras or dashcams that may have recorded the incident
By building a strong case, your lawyer will help ensure you receive fair compensation for your injuries.
Calculating full compensation
The aftermath of a car accident involves more than just vehicle damage.
Injuries can lead to:
- Medical bills
- Lost wages
- Pain and suffering
- Long-term rehabilitation
Out-of-state accidents can increase these costs due to travel expenses for medical treatment or legal proceedings and the inability to work while away from home.
An attorney will ensure all damages are accounted for, including future medical expenses and non-economic damages like emotional distress.
Litigate your case in court
The majority of car accident cases are resolved through settlements, but achieving a fair outcome can be difficult without legal representation. A lawyer will negotiate aggressively on your behalf and, if necessary, prepare to take your case to court.
Providing peace of mind
Dealing with an out-of-state accident is challenging enough without the added stress of navigating the legal system on your own. Hiring a personal injury lawyer allows you to focus on recovering from your injuries while he or she handles the complexities of your case.
Get Help for Your Out-of-State Car Accident Today
We understand that dealing with the aftermath of an out-of-state car accident can be overwhelming — but you don’t have to try and navigate this difficult time alone.
If you have been involved in an out-of-state car accident, our car accident lawyers are here to help. We understand the complexities of multi-state car accidents and can provide the legal assistance you need.
At Hauptman, O’Brien, P.C., our clients’ rights and best interests are at the heart of everything we do. When you choose our law firm to handle your accident case, you can be sure that we will prioritize your healthy recovery above everything else. Call our law office today at (402) 241-5020 or complete our contact form to schedule a free case review. We serve clients in Omaha, Bellevue, Columbus, Beatrice, Fremont, Norfolk, and all of Nebraska, as well as Iowa, through our Council Bluffs office.
Thank you Michael! My workers compensation case was very complex and had several different factors. Michael was there every step of the way providing guidance and support through a life changing situation. Thank you Mike and the entire staff at Hauptman O’Brien Wolf and Lathrop.