Heading out of state, whether for a weekend or long-term vacation, can be exciting — or perhaps you’re hitting the open road for a work trip. But what happens if you’re in a car accident far from home? Navigating the aftermath of a collision is stressful enough, and being in unfamiliar territory can add another layer of complexity and worry. San Antonio accident attorney Dr. Louis Patino explains what you should do after an out-of-state crash and how to recover compensation for your losses if it was someone else’s fault.
Immediate Steps to Take after Your Accident
The steps you should follow for an out-of-state accident are the same if you’re hurt on home soil. This is because the actions you should take allow you to document the crash and gather as much evidence as possible, which is vital for successfully pursuing a claim.
Call 911
Each state has unique accident reporting requirements. For example, Nevada and Ohio require motorists to report any accident, regardless of its severity or the damage it has caused. Other states, such as Vermont, require you to report an accident only if it causes death, injury, or property damage worth more than $3,000.
Each state also has guidelines on how long you can wait before reporting an accident, ranging from immediately to up to six months after the crash. You should not assume that you shouldn’t call the police because your accident doesn’t meet the reporting requirements of your state — the state you’re in might require you to do so.
If you’re unsure, call 911 anyway — the operator will assess the situation and determine if emergency services need to be dispatched or whether you can report the accident at the local precinct.
Reporting your accident — even if you’re not legally required to — is vital when pursuing a personal injury claim, as it allows law enforcement to file a police report. This is critical evidence that documents what happened, your injuries, who is responsible, and the contributing factors to your crash.
Taking this step as soon as possible also allows you to get your version of events on the record — you do not want to risk another driver involved in the crash to report the accident to the police and say it was your fault.
Document Everything
Use your smartphone to take photos of the accident scene, including vehicle damage, license plates, and any visible injuries. If there are witnesses, politely ask for their contact information. Your attorney can follow up with them to collect statements. You should also collect the names, contact details, and insurance information of the other driver (or drivers) involved in the accident.
Seek Medical Attention
It’s vital to get assessed by a medical professional after an accident, even if you don’t think you’re hurt. Adrenaline can mask pain, and you might have severe injuries that could worsen if you continue your usual routine and do not seek treatment. Medical records document when your injuries occurred, preventing the other party from claiming you sustained them later. This record can prove critical if you cannot work for months or longer or if your injuries worsen, requiring additional treatment or significantly affecting your quality of life.
Navigating Insurance Claims and Understanding Your Legal Options
Every state litigates accident claims differently, which can affect how you should approach recovering compensation and your legal rights.
Auto accident policies usually cover all states and U.S. territories, so if you live in Indiana but you’re in a car accident in Texas, your coverage should still apply. However, Texas laws will apply, including the statute of limitations (how long you have to file a lawsuit). This is a vital consideration, as the statute of limitations ranges from one year in Louisiana and Tennessee to six years in Maine and North Dakota.
The claims process also differs depending on how the state in which you are injured addresses liability. Some states follow a no-fault system, meaning you cannot claim against an at-fault driver’s insurance. Instead, you must claim against your policy or file a personal injury lawsuit.
No-fault states include Florida, Hawaii, Massachusetts, and New York. You should contact your insurance provider as soon as possible after your accident to enquire about your coverage and how you should proceed. It’s also highly recommended to consult an injury attorney. You can sue in fault and no-fault states if you have evidence of the other party’s negligence. An attorney can evaluate your chance of recovering compensation, gather evidence to build your case and represent you in court if necessary.
You should also contact your health insurance provider about any policies you may have to determine if you are covered. You may need urgent care from out-of-network providers, but your insurer may cover the cost and seek reimbursement from the other party’s insurance in a process called insurance subrogation.
Being in an out-of-state car accident can be overwhelming, but knowing where you stand can make it easier to handle the situation effectively. Never hesitate to contact your insurance providers or a local personal injury if you don’t know what to do — they can help with the specifics of your policies and your accident.
