Every state has its own rules regarding how car insurance works – rules that begin and end at the state’s borders. So, if you’re a Florida resident, what happens when you have an accident outside of the state will differ from what happens after an in-state collision.
What Happens If I Get in an Accident Out of State?
When you get in an accident outside of Florida, you may have to pursue legal action to recover compensation for your injuries and losses in the state where the accident occurred. This is because the laws of the state where the accident occurred will govern your legal claim. For example, suppose the car accident occurred in a state that does not follow a no-fault system like Florida does. In that case, you may have the right to file a personal injury lawsuit against the driver or drivers who caused the accident to recover compensation for all your losses from the crash. Alternatively, in a no-fault state like Florida, state law may restrict your ability to file a claim against an at-fault driver.
Steps to Take Immediately After an Out-of-State Accident
Here are some critical steps you should take immediately after having a car accident in another state:
- Contact local or state law enforcement to report the crash.
- Obtain a copy of the police accident report if an officer responded to the crash scene.
- Seek medical attention to identify injuries you sustained in the accident as soon as possible.
- Follow the treatment recommendations the doctor gives you.
- Obtain copies of your medical records for all treatment you obtain for your car accident injuries.
- Keep all medical bills, invoices, and receipts for medical care or vehicle repairs.
- Gather copies of your pay stubs or income statements if you need to take time off work to recover from your injuries.
- Contact a car accident attorney as soon as possible to discuss your legal options for seeking financial recovery for your medical bills, lost wages, and other damages.
Will My Florida Insurance Cover Me When I’m Out of State?
Your Florida auto insurance policy should provide coverage even if you get into an accident in another state. Auto insurance policies typically provide insurance coverage in all 50 states for temporary trips. You may have the right to file a claim against the coverage you’ve purchased for your auto policy, such as collision or liability coverage.
Filing a Claim After an Out-of-State Accident
Depending on the circumstances of the collision, you may have grounds to file a claim against your own insurance policy as well as that of the driver who caused the accident. If you cannot settle your claim with the at-fault driver’s insurer, you may have to file a lawsuit against the driver. The deadline for doing so is established by the relevant statute of limitations of the state where the accident occurred. Although Florida law requires car accident victims to file lawsuits within two years of the date of injury, other states impose different deadlines, ranging from one year to six years.
Can I Still Hire a Florida Attorney for an Out-of-State Accident?
There are several reasons you should consider hiring a Florida car accident attorney after an accident in another state. First, you may have the right to file a claim under your own car insurance policy, and an in-state attorney will have experience dealing with Florida auto insurance providers and navigating the insurance claims process. Furthermore, having an attorney near you means you have easier access to your legal counsel. Your Florida attorney can work with legal counsel in the other state, serving as a liaison between you and your out-of-state attorney and providing prompt support, answers, and case updates.
Common Scenarios for Florida Drivers Getting in Out-of-State Accidents
Common situations in which Florida drivers may get into car accidents outside the state include:
- Florida residents driving on a road trip across multiple states
- Florida drivers who fly to another city for a vacation and rent a vehicle at their destination
- Florida-based employees who travel outside Florida for a business conference or to meet with a customer or supplier
Frequently Asked Questions (FAQ)
Here are the answers to some of the questions that clients most frequently ask us about getting into a car accident out of state.
What should I do if I’m in a car accident out of state?
Here’s what you should do after being in a car accident in another state:
- Report the crash to local law enforcement and request a copy of any police crash reports if officers respond to the accident scene.
- Seek prompt medical attention before returning to Florida to diagnose any injuries you may have suffered in the crash.
- Notify your auto insurance provider about the accident.
Does Florida car insurance cover me out of state?
Your Florida auto insurance policy will cover you if you drive to another state during a road trip or temporary visit. However, should you establish residency in another state, you will need to change your policy to provide the coverage required by your new state of residence or purchase a new policy.
Can workers’ comp cover me if I was working out of state during the accident?
In many cases, you could be entitled to workers’ compensation if you get into a car accident while on a work trip out of state. However, an employer may need to purchase “extraterritoriality” coverage under their workers’ compensation insurance policy for the insurer to provide workers’ compensation benefits to an employee who gets hurt during an out-of-state work trip.
Who determines fault in an out-of-state car accident?
Various parties may be responsible for determining fault in an out-of-state car accident. First, law enforcement may identify the driver or drivers at fault when completing a police accident report, issuing traffic citations, or arresting drivers for criminal offenses, such as driving under the influence (DUI) or reckless driving. Insurance companies will also investigate the crash to determine whether they must provide liability coverage for the accident. Finally, a judge or jury in a car accident lawsuit will issue a verdict determining who caused the crash.
Contact a Pensacola Car Accident Lawyer Today
If you’ve been in a car accident outside of Florida, an experienced attorney can help you pursue your legal options for financial recovery. Contact Cardoso Law, PLLC today for a free, no-obligation consultation with an experienced car accident lawyer to learn more about your options.
