• Car Accidents
  • Truck Accidents
  • Workers' Compensation
  • Wrongful Death
  • Practice Areas
  • About Us
  • Videos
  • Verdicts
  • Blog
  • Contact
  • Steps to take After Out of State Car Accidents

    Steps to take After Out of State Car Accidents

    You’ve been injured in a car accident while driving in another state. Now what?

    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.

    What Should I do Immediately After a Car Accident in a Different State?

    calculate car accident compensation

    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:

    • Check for injuries: Immediately assess yourself and others involved for any injuries. Call 911 to report the accident and request medical assistance if needed.
    • Ensure safety and move to a safe location: If possible, move your vehicle out of traffic to avoid further accidents. Turn on your hazard lights to alert other drivers.
    • Call the police: It’s essential to file a police report, regardless of the accident’s severity. This report will be crucial for insurance claims and legal actions.
    • Exchange information: Gather necessary information from all parties involved, including names, contact details, driver’s license numbers, and insurance information.
    • Document the scene: Take photographs of the accident scene, vehicle damages, and any visible injuries. Note down details such as weather conditions and road signs.
    • Contact your insurance company: Notify your insurance provider about the accident as soon as possible. Provide them with all the collected information and ask about the next steps.
    • Seek medical attention: Even if you feel fine, a medical check-up is advisable to identify any hidden injuries. Keep records of all medical visits and treatments.
    • Keep records: Maintain detailed records of all communication, expenses, and documents related to the accident, as these will be helpful should you need to file a claim or pursue legal action.
    • Consult with a local personal injury attorney: If you’re injured or facing complications, seek legal advice from a personal injury attorney in the state where the accident occurred. They can provide guidance on jurisdictional issues and help protect your rights.

    The Primary Challenges You Will Face After an Out-Of-State Car Accident

    Settling With an Insurance Company

    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.

    Related: How to File a Car Accident Police Report in Missouri

    Not Being Able to Come to a Settlement/Going to Court

    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.

    Gathering Evidence and Witness Statements

    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.

    Communication Barriers and Scheduling Difficulties

    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.

    How do state laws differ regarding car accidents?

    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.

    Fault States and No-Fault States

    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.

    Car Insurance Requirements

    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.

    Car Accident Statute of Limitations

    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.

    Here’s what you should do if the accident was in a neighboring versus a faraway state

    The Car Accident Was In A Neighboring 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.

    The Car Accident Was In Another State Far Away

    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.

    Related: What Types of Car Accident Damages can I Claim?

    Can I Hire a Local Attorney to Represent Me In Another State?

    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.

    How do I Hire an Attorney After a Car Accident in Another State?

    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.

    Determining Your Rights After Your Out-of-State Car Crash

    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.

    Ortwerth Law, LLC
    4.9
    Based on 27 reviews
    powered by Google
    tim schmidtim schmid
    20:27 26 Jun 24
    If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
    Renee MahnRenee Mahn
    21:55 06 Sep 23
    5 Stars Outstanding!I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me.Thank you
    Katlyne ThiesKatlyne Thies
    12:14 20 Sep 20
    I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
    Christie HessChristie Hess
    04:56 06 Jun 19
    Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!!I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
    Monica CrenshawMonica Crenshaw
    21:12 03 Jun 19
    Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
    D SCD SC
    23:43 26 Nov 18
    Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
    Michael RussellMichael Russell
    02:50 24 Jul 18
    Craig was AWESOME to work with!! If I had a question he had no problem taking my call or returning a call if he was busy. I literally did nothing except sign papers. He did everything for me and made the process of my workmans composition settlement stress free!!! Give Craig a call, I believe he will make you a very happy client like me!!
    js_loader