Whether visiting a popular tourist destination like Nashville or traveling for business, driving on unfamiliar roads can increase the risk of a car accident. Of course, nothing ruins a road trip like getting into an accident, especially when you’re far from home. Among other things, it may leave you wondering, “What happens if I get in an accident out of state?”
When the accident happens in another state, variations in laws and insurance requirements can further complicate an already stressful situation. If you’ve been in an out of state car accident, NST Law can help you understand your rights and navigate the legal claims process. Do not wait to call (615) 777-7777 or reach out online to schedule a free consultation.
Key Takeaways
- What happens if you get in an accident out of state depends on the laws and insurance requirements of the state where the accident occurred.
- Most car insurance policies cover out of state car accidents, but your policy limits may change if you are in a state with higher minimum coverage requirements.
- The deadline for filing a personal injury lawsuit after an out of state accident is set by the statute of limitations in the state where the accident happened.
- Our skilled personal injury attorneys can help if you are injured in an out of state car accident and are seeking fair compensation for your losses.
Will My Car Insurance Policy Apply in an Out of State Accident?
Yes, your standard car insurance policy should cover you in all 50 states, even if you’re driving in a state with different insurance requirements. However, exceptions may apply. A few states, such as Massachusetts, allow drivers to purchase cheaper car insurance policies that only cover accidents within the driver’s home state. Your policy should explicitly state whether this limitation is included.
How the Car Accident Lawyers at NST Can Help
At NST Law, we have won over $2 billion in settlements and verdicts for car accident injury victims in Tennessee, Arkansas, Mississippi, Missouri, Illinois, and beyond. With over thirty years of experience representing clients in multiple jurisdictions, we have the expertise needed to navigate the complex maze of laws and insurance policies that may apply in an out of state accident case.
We can help you understand your rights, gather evidence, negotiate with insurance companies, and pursue legal action if necessary. Our team of experienced car accident lawyers will fight to get you the maximum compensation available for your damages.
Car Accident Case Results
- 1.5 million settlement – Our law firm represented a 51-year-old woman who was struck on the interstate by an individual driving a company vehicle within the course and scope of his employment. Our client was admitted to the hospital to treat fractured bones in her left hip and leg, two fractured ribs on her left side, and hematomas in her pelvic area. In addition, she sustained back and knee injuries.
As a result of the accident, our client underwent several surgeries, including an operation to repair her hip, surgery to fix her fractured leg, a total knee replacement, and a total hip replacement. We retained several experts throughout the course of the case, including an accident reconstructionist, a vocational rehabilitation doctor, a forensic economist, an orthopedic surgeon, and a team of life-care planners.
Following a long battle involving depositions, mediation, and hotly contested motions and hearings, we were able to secure a $1,500,000 settlement for our client. Since the at-fault driver was working for her employer at the time of the accident, we were able to secure an even greater financial recovery. - $1.4 million settlement – Our firm represented a Tennessee couple involved in an accident with a driver who hit them head-on while driving on the wrong side of the road. The wife suffered significant injuries. The husband passed away after being rushed to the hospital.
NST filed suit to protect our clients’ rights. After conducting a thorough investigation into the facts of the accident and identifying all potentially liable parties, our firm uncovered two previously undisclosed insurance policies, including an umbrella policy. The case was settled for the full policy limit of $1,400,000.
What Car Insurance Coverage Applies in an Out of State Accident?
Each state has its own car insurance requirements, and your policy should reflect the minimum coverage required by the state in which it is issued. However, if your home state’s minimum liability coverage is lower than that of the state where the accident occurred, things can get complicated.
For example, if your policy includes a “broadening clause,” it will automatically cover you up to the minimum requirements in the state where the accident occurred. Most auto insurance policies include this kind of clause. Importantly, if your insurance coverage is higher than the minimum required in the state where the accident occurred, you will still be entitled to full coverage.
To illustrate, suppose you have a Tennessee policy that provides $25,000 in per-person bodily injury liability coverage, but you get into an accident in a state that enforces a $30,000 minimum. In that case, your policy will automatically increase to meet the $30,000 requirement. By contrast, if you were injured in a state where the minimum is $30,000, but you have $40,000 in coverage, you will be entitled to the full $40,000.
What If the Accident Happened in a No-Fault State?
The majority of states in the U.S. operate under a fault-based insurance system, including Tennessee. This means at-fault drivers are responsible for compensating other parties involved in accidents. However, there are currently 12 states that operate under a no-fault insurance system:
- Florida
- Michigan
- New Jersey
- New York
- Pennsylvania
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Minnesota
- North Dakota
- Utah
If the accident occurred in a no-fault insurance state, liability coverage may not apply. In these states, each driver’s no-fault insurance will cover their medical expenses and related damages, regardless of who was at fault for the accident. This no-fault coverage is also known as personal injury protection insurance (PIP).
Fortunately, you do not need to purchase PIP coverage if you’re driving from a fault state to a no-fault state. If you get into an accident in a no-fault state but do not have PIP insurance because your home state doesn’t require it, your policy’s broadening clause may extend your coverage.
What Should I Do Immediately After a Car Accident Out of State?
Your actions immediately after an out of state car accident can affect your ability to recover full compensation. Here are some critical steps to take after a car accident out of state:
- Call 911 – Regardless of the accident’s severity, it’s always a good idea to call 911. Be sure to summon a police officer and emergency medical services. When the responding officer arrives, they will prepare an accident report, which will be helpful when filing an insurance claim. Provide factual information, avoid admitting fault, and do not make any assumptions.
- Seek medical attention – Allow medical professionals to assess you for any injuries. Follow their recommendations for further medical treatment. Even if they clear you at the scene and you don’t feel any pain, seek prompt follow-up care with your primary care physician. Some injuries, such as whiplash, may not show symptoms until days or even weeks after the accident.
- Exchange information – Get the other driver’s name, contact information, and insurance details. If there are any witnesses, try to get their contact information as well.
- Document the scene – Take photos or videos of the accident scene, including vehicle damage, visible injuries, and road conditions.
- Notify your insurance company – Contact your insurance provider immediately to report the accident. However, do not give a recorded statement, accept an early settlement, or sign any documents until you have consulted with an attorney.
- Consult a car accident attorney – If you sustained injuries in an out of state car accident, it’s crucial to secure high-quality legal representation. At NST Law, we offer free consultations with reputable car accident attorneys who can help you understand your rights and options for seeking compensation.
What Is the Statute of Limitations for Out of State Accidents?
Each state sets a deadline known as the statute of limitations for filing a personal injury claim after an accident. If you get into an out of state accident, your home state’s statute of limitations will not apply. Instead, the statute of limitations in the state where the accident occurred will govern.
For example, suppose you get into an accident while driving in Georgia but are insured in Tennessee. Georgia has a two-year statute of limitations for personal injury claims, but Tennessee’s is one year. Because the accident occurred in Georgia, you will have two years to file a personal injury claim.
How Do I Receive Compensation for an Out of State Accident?
If you get into an out of state car accident, you can seek financial compensation for your injuries and losses by contacting a personal injury lawyer. They can help you pursue compensation through an insurance claim or by filing a personal injury lawsuit if insurance does not cover all of your losses. You may be compensated for things like:
- Past and future medical expenses, such as hospital bills, doctor visits, physical therapy, and medication costs
- Property damage, such as vehicle repair costs and replacement of personal items damaged in the accident
- Lost wages from missed work due to injuries sustained in the accident
- Lost earning capacity if your injuries have a long-term impact on your ability to work
- Physical and emotional pain and suffering
The first party you will likely interact with after an accident is an insurance company. It’s important to note that insurance companies are profit-driven businesses and do not have your best interests in mind. Having a car accident lawyer on your side can help you avoid doing or saying anything that might negatively impact your settlement.
Our Car Accident Law Offices
- Tennessee
- Memphis
- Knoxville
- Jackson, TN
- Nashville
- Mississippi
- Tupelo
- Jackson, MS
- Columbus, MS
- Arkansas
- Jonesboro
- Cape Girardeau
- Little Rock
Why Choose NST as Your Car Accident Lawyers
Our attorneys have been Champions for the Injured since 1990. Our client reviews attest to our success in helping injury victims receive full and fair compensation for their injuries and losses. Below are some of our recent testimonials:
- “If you want the professional attorneys who put you first and look out for you. NST attorneys and staff keep in touch with you daily. If you are injured or just in an accident without injuries, you are the number one priority. Call NST.” – Phantom Opera
- “When I had the accident, my family recommended NST. From Day 1, going to find doctors who could give the best care right away was the blessing I needed. In all of my treatments, NST was there fighting for me. The best decision my family and I made. Very happy with the final results. My health and my finances are BLESSINGS. THANK YOU NST.” – Tracy Fenton
- “Never thought I would need an attorney for a personal injury case, but it happened. I thought after my accident that I could handle all the claims, insurance, doctors, hospitals, etc., but I was quickly overwhelmed. It was then that I was referred to NST by a friend. Mrs. Childress and the staff at the Tupelo office were amazing! I felt like they were fighting for me and my injury, not just a ‘payday.’ I hope that something like this never happens to me or a loved one again, but I have comfort in the fact that I know who I will turn to if it happens again—without a doubt, Mrs. Childress and the staff at NST Tupelo. Thank you for all that you did for myself and my family.” – Andrew S.
Contact our Nashville Car Accident Attorneys
With a legal team of over 34 lawyers and 135 support staff, NST Law is ready to help you handle the legal aftermath of your out of state car accident. We are passionate about helping our clients and serving our community. If you or a loved one has been injured in an out of state car crash, call (615) 777-7777 or reach out online to schedule a free consultation.