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Handling An Out Of State Car Accident

Posted by Harlene Labrum | Jan 11, 2021

 According to the Insurance Institute for Highway Safety (IIHS), there were 33,654 fatal car crashes in the United States in 2018. Accidents with injuries and fatalities sadly occur every day on our roads. While experiencing a car accident is always stressful, getting into a car accident outside of your home state can be particularly overwhelming and upsetting. If another driver's negligence or recklessness caused your car accident and damages in an out of state car accident, consider consulting with a car accident attorney as soon as possible to get clarity on all of your legal options. Call the Labrum Law Firm today to visit with an experienced car accident attorney at (615) 338-9500 and ensure your legal rights remain protected.

Handling Out of State Car Accidents

In many ways handling an out of state car accident is similar to handling an accident in your state of residence. Immediately following a car accident, some of the actions you will want to take include:

  • Calling 911 for police and emergency medical help
  • Taking photographs of the scene and damaged vehicles, if possible
  • Writing down contact details of other drivers and eyewitnesses
  • Calling your insurance company to let them know you experienced an accident
  • Consider visiting with an experienced car accident attorney

When handling any type of car accident, it can be crucially important to stay calm and collected. Even if another driver is acting belligerent, try to stay out of any arguments or discussions about who is at fault. It is best to remain quiet and wait until the police arrive.

Filing an Insurance Claim or Lawsuit After an Out of State Car Accident

According to the Centers for Disease Control and Prevention (CDC), three million individuals are non-fatally injured due to car accidents every single year in the United States. If you suffered serious injuries and are now curious whether or not you have the right to receive compensation for your injuries or losses, you will need to know what your next steps are.

Filing an Out of State Insurance Claim

Your car insurance typically covers you not only in the state in which you reside but also in other states as well. This is true even if the minimum coverage amount of another state is greater than the state in which you purchased your insurance coverage. Depending on the details of your policy, you should therefore still have coverage if you get into an out of state car accident. If the car accident was the result of someone else's negligence, the process of attempting to receive a settlement from the other insurance company will be very similar to filing a claim for a car accident within your own state.

Filing a Lawsuit for an Out of State Car Accident

In some cases, the insurance will not pay a fair and just settlement to a victim, and the victim must file a lawsuit to receive compensation for their injuries and losses. Out of state car accidents can be challenging to litigate. Typically, if you suffered injuries in a car accident, you would have to file a claim in the state where the at-fault driver lives or the state in which the car accident occurred. However, there can be exceptions and, in some rare cases, you could file suit in your home state. 

Out of state accident claims can be complicated, especially if you do not know which laws and statutes of limitations apply in the state where your accident happened.  However, not knowing the applicable deadlines for personal injury lawsuits can leave you with no legal recourse if you end up filing suit too late past the statute of limitations deadlines.

Handling Repairs to Your Vehicle Out of State

If your vehicle needs immediate repairs after an out of state accident, you should contact your insurance company for help and assistance. Your insurance policy will determine coverage for necessary repairs and other incidentals such as towing expenses or car rental, if required. Insurance companies frequently have a network of repair shops and adjusters throughout the country. Even if your accident happened out of state, you may be able to get local help through your insurance company. 

It is important to note that if your accident occurred in an at-fault state, the at-fault driver's insurance should pay for your repairs. However, insurance companies typically work in their best interests and not in yours. This means that getting the compensation you are owed under the law can be somewhat long-winded and frustrating, especially when an insurance company offers you a low settlement or denies your claim altogether. When this happens, an experienced car accident attorney at Labrum Law Firm can negotiate with the negligent party's insurance and fight for what you deserve.

Compensation You Could Receive After an Out of State Car Accident

If another driver negligently or carelessly caused your out of state car accident, you could be entitled to compensation for your injuries, suffering, and other monetary losses. You could potentially receive compensation for:

  • All medical bills in connection with the accident
  • Medical devices such as prostheses
  • Physical therapy
  • Loss of income and loss of future income
  • Repair or replacement of your vehicle
  • Car rental and other transportation expenses
  • A person offering home help or health aide
  • Physical and emotional anguish
  • Disfigurement
  • Reduction of life quality
  • Disability
  • Psychological counseling

Since no two car accidents are the same, compensation will also vary and generally depend on the injuries and expenses of the accident victim. A car accident attorney can analyze your claim and damages, and advise you on the amount of compensation you may have a legal right to receive in your case.

Contact Labrum Law Firm Today Regarding Your Out of State Car Accident

While all serious car accidents are stressful for those involved, out of state accidents can feel particularly worrying and frightening. When you are far away from your normal surroundings, your home, and your family, dealing with an accident all on your own can feel overwhelming.

We understand that thinking about filing a lawsuit when there are so many other things to handle can seem like immense added stress. However, consider that taking legal action may be the only way for you to receive compensation for your injuries, losses, and other damages. Having an experienced and dedicated car accident lawyer in your corner can give you comfort knowing that your legal rights are protected. Consider visiting with our compassionate and experienced attorneys at Labrum Law Firm at (615) 338-9500 for a free review of your out of state car accident case.

About the Author

Harlene Labrum

Harlene is focused and passionate about helping those injured in car wrecks.  She earned her J.D. at Nashville School of Law and her Bachelor's degree at State University of New York at Albany, awarded with the highest GPA and high honors.  Harlene began her career in law as a personal injury par...

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