September 5, 2024 | Car Accidents, Personal Injury
Accidents happen all the time. If you are spending a lot of time driving around the country, it’s a good idea to know exactly what to do should you be involved in a crash, especially if it is in another state.
While making an accident insurance claim will often involve the same procedure no matter what state you’re in, that is not true 100 percent of the time. Should the claim be more complex, you might need to hire a car accident lawyer to deal with the case.
This is where having a car collision in another state can be an issue. There are certain complications associated with a crash outside of your home state such as your lawyer’s practice license.
Since different states will have different laws, a car accident lawyer in your state may not be allowed to represent you in another.
Luckily, local lawyers often have a license to practice in neighboring states so if you do have an accident in there, the issue might be easier to resolve. This guide will help with the steps you should stake after a car accident in a different state.
As with any car accident, you need to obtain the other driver’s contact details and their insurance company.
Call emergency services and don’t admit anything. Take photographs of the damage caused to both vehicles and submit a claim with your insurance company within 24 hours of the accident if possible.
Make sure you get a police report and see a doctor for medical care. If the accident occurred in a different state and you need emergency care, go to the nearest hospital. You will also need to visit your regular doctor when you return home.
Here is a list of the steps you should take after a car accident in another state:
In most situations, insurance claims are easily settled. Payment will simply be awarded to the party that was not at fault, even if the accident in a different state.
In this case, there is no need to hire a lawyer, and you can let your insurance company handle all of the legal and administrative work. You can even sign the release form at home as the insurance company will mail everything to you, including your settlement check.
When a significant claim is involved, or there are disputes between the drivers, the services of a car accident lawyer may be required to help settle the case. This can be more difficult than you initially thought as you need to find a lawyer who can represent you both your home state and the state where the accident occurred.
How you decide will be based on where the accident occurred and your preference of lawyers.
The process of gathering evidence and witness statements can be more difficult when the accident occurs out of state. You may need to rely on local investigators or travel back to the state where the accident happened to collect necessary information, which can be time-consuming and costly.
Nowadays, it has become significantly easier to have a conversation with a person in another state, however, when the topic of discussion is regarding something as crucial as details of your case or speaking with a personal injury lawyer, things can be a bit more difficult.
Communication barriers often arise when dealing with out-of-state legal and medical professionals. Time zone differences and the need for travel can make it more difficult to coordinate meetings, gather evidence, and stay informed about the progress of your case.
For the most part, states across the US have very similar rules and laws when it comes to common occurrences and personal injury cases like car accidents. There are, however, a few kep factors that will play a role in the outcome (and possible results) regarding your out-of-state car accident.
State laws regarding car accidents can vary significantly, affecting everything from fault determination to insurance requirements. One major difference is whether a state follows a ‘fault’ or ‘no-fault’ system. In fault states, the driver who is found to be at fault for the accident is responsible for paying the damages. In no-fault states, each driver’s insurance covers their own damages, regardless of who is at fault.
Another key difference lies in the minimum insurance requirements. Each state sets its own minimum levels of liability insurance that drivers must carry. These requirements can include bodily injury liability, property damage liability, and sometimes uninsured/underinsured motorist coverage. The amounts required can vary widely from state to state.
Statutes of limitations for filing a lawsuit after a car accident also differ among states. This is the time period within which you must file a claim or lawsuit. Some states may allow several years, while others may have much shorter timeframes. Missing these deadlines can bar you from seeking compensation entirely. For instance, Missouri’s statute of limitations for car accident lawsuits is 5 years, but in Tennessee, you only have 1 year to file a car accident lawsuit.
Here is a list of Car Accident Statute of Limitations by State.
As previously mentioned, if the accident occurred in a state that is close to or borders your home state, there is a good chance that you can find a lawyer who has a license to practice in both places.
This is a straightforward situation with an easy solution since you will only have to deal with one local lawyer.
When you need a lawyer to represent you for a car accident that occurred in a state far from your home, it might be more efficient to hire a lawyer who practices in that said state.
Since they are already located there, it will be easier for them to work on the case because they won’t have to travel far to go to hearings and gather car accident police reports. This can save you a lot of money in terms of flights back and forth, seeing as you’re the one who has to reimburse your lawyer.
Furthermore, your lawyer will be more experienced and knowledgeable of the local state laws there, which means that your claim may be settled faster.
However, If you prefer to use the services of a local lawyer for any reason, there is an alternative.
The pro hac vice arrangement allows lawyers who are not admitted into a specific state’s bar to handle cases there if they are associated with a lawyer from that state.
For example, if you live in New York, but you had an accident in Florida, you can hire a lawyer from New York, and they will partner with another lawyer from Florida to handle your case.
Yes, it is indeed possible to hire a local attorney to represent you in a car accident case that took place in another state. However, there are a few nuances to consider. Firstly, the attorney must be licensed to practice law in the state where the accident occurred. This doesn’t mean you have to forego the expertise of an attorney you trust from your own state, though. Many attorneys are licensed in multiple states, or they may work in cooperation with a local attorney who is licensed to practice where the incident happened.
This arrangement can prove beneficial because your local attorney, who you already know and trust, can help guide you through the process, while their partner attorney provides the needed legal expertise specific to the laws and regulations of the accident state. This kind of partnership ensures you have thorough and experienced representation, tailored to the jurisdiction where your case is being handled.
Additionally, many personal injury attorneys operate on a contingency fee basis, meaning they only get paid if you win your case. This can make it much more financially feasible to navigate the complexities of an out-of-state car accident claim, allowing you to focus on recovery while your legal team works to secure the compensation you deserve.
Hiring the right attorney after an out-of-state car accident can seem daunting, but it’s crucial for ensuring you receive the compensation and support you deserve. Here’s how to navigate the process:
1. Seek Referrals and Research Local Attorneys
Begin by asking for referrals from family, friends, or colleagues who have dealt with similar situations. Additionally, perform an online search for attorneys in the state where the accident occurred. Look for specialists in personal injury cases and pay close attention to reviews and ratings from previous clients.
2. Verify Licenses and Credentials
Confirm that any attorney you’re considering is licensed to practice law in the state where the accident happened. Check their credentials and track records, focusing on those with a solid history of handling car accident cases.
3. Schedule Consultations
Most personal injury attorneys offer free initial consultations. Use this opportunity to discuss the specifics of your accident, ask questions, and gauge their level of expertise and communication style. Good attorneys will clearly explain your rights and the process moving forward.
4. Discuss Fees and Expectations
Understand the attorney’s fee structure before making a decision. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Ensure you know what percentage they will take and any additional fees you might incur.
5. Evaluate Communication and Compatibility
Effective communication is key to a successful attorney-client relationship. Choose an attorney who is responsive, listens to your concerns, and makes you feel comfortable. This person will be your advocate, so trust and clarity are essential.
Taking these steps can significantly ease the process of hiring an attorney after an out-of-state car accident. By doing thorough research and making informed decisions, you can find a skilled professional to help you navigate the legal landscape and focus on your recovery.
Regardless of where your accident took place, speaking with a local personal injury attorney is always a great start.
They will be able to either help you with the case or point you in the right direction.
Most attorneys have friends or at least know attorneys in other states, so speaking with someone close to you certainly cannot do any harm.
Fill out the form below to schedule a free consultation with Craig
