On average, about 6 million car accidents occur every year in the U.S. Car accidents aren’t exactly rare, but they can be devastating when they result in injury. The situation can get even more complicated when it occurs out of state. What do you do? Who is at fault? Be sure that you know what to do after an out-of-state accident.
Immediately After the Accident:
1. Stop the Car
Like most car accidents, the first thing you need to do is stop the car, even if you don’t think any damage or injuries occurred. You are legally obligated to do so. Having said that, if damages are discovered, you should never admit fault. Assessing fault is a job for your insurance company. Instead, contact the police and, if necessary, call for medical assistance as well.
2. Gather the Facts
If it is safe for you to do so, collect important information such as names, addresses, phone numbers, descriptions of cars, and license plates. You’ll also want information regarding the other driver’s insurance company, and you’ll want to take down their vehicle identification number (VIN). If there are any witnesses around, collect their information as well. Use your phone to take photos of the accident only if it is safe for you.
3. Call Your Insurance
Auto insurance extends beyond state lines, so you should have no issues filing an insurance claim, even if the accident is out of state. Filing an insurance claim as soon as possible will get your vehicle fixed sooner rather than later. However, the situation will become more complex as you enter the process of filing a personal injury claim.
Where Do You File a Personal Injury Claim?
If you were injured during the accident and need to file a personal injury claim, you will need to decide where you want to file it. Generally, you have two options when it comes to choosing which state you want can file your claim in. You can either file in the state where the defendant (the person you’re suing) resides or in the state where the accident happened.
For example, say that another driver in California strikes you. You are from Nevada, and the other driver is from Arizona. Your options are either filing a personal injury lawsuit in Arizona, where the other driver lives, or filing a lawsuit in California, where the accident happened. Generally, you cannot file a lawsuit in the state where you reside unless the other driver agrees to it.
Which State’s Laws Apply to the Accident?
Determining which state’s laws apply to the accident should be considered when you’re choosing the state where you’ll be filing your claim. This is especially important in cases where both parties are at fault. In cases where both parties are at fault, certain states will apply the comparative negligence rule, while other states will apply the contributory negligence rule.
If the state applies the contributory negligence rule, you are not entitled to any compensation if you contributed to the accident in any way. For example, if someone strikes your car because they ran a traffic light, and you didn’t see them coming because you were busy texting on your phone, it may be determined that you were partly at fault for the accident. In this case, you’ll end up getting nothing, even if you suffer injuries in the process.
On the other hand, if the state applies the comparative negligence rule, you may be entitled to compensation, even if you were partially at fault for the accident. In the same example above, the Court may decide that the person who ran the light was 80% at fault for the accident, while you were 20% at fault. In this case, each party would collect compensation equal to the percentage of fault by the other party.
Furthermore, some states will have a “cap” on the compensation that you can collect. In other words, you can collect compensation from the other party up to a certain amount. Eight states currently have a cap on non-economic damages (i.e., damages resulting from an accident that are hard to quantify, such as emotional anguish or loss of reputation._ Other states have no caps at all.
Stay Calm, and Stick to the Facts
Many of the basics of what you need to do after an out-of-state accident are the same as what you need to do if you have an accident in your state of residence. Stop the car, safely assess the damage, gather the facts, and call your insurance company. If you need to file a personal injury lawsuit, decide on where you want to file. Remember, where you file may ultimately affect the amount you are compensated with in the end. Just make sure to never accept a quick cash deal from the other driver. Instead, consult with a personal injury lawyer.
