What Happens If You Get Injured in an Out-of-State Car Accident?

A car accident is stressful and disruptive no matter the circumstances. But what happens if that accident happens in another state? Suddenly, you may have questions about how fault is determined, whether your insurance will cover you, where you should seek medical care, or how an injury claim works across state lines.

This article provides a general overview of what to expect after an out-of-state car accident. Because every situation is different, this information shouldn’t be considered legal advice. If you’ve been injured, speaking with an experienced personal injury attorney can help you understand how the laws apply to your specific situation.

What To Do After an Accident, Regardless of Location

Let’s start with the basics. Whether you’ve been in a collision a few miles from home or a few states away, there are several important steps you should take.

Check for injuries. Your first priority should always be making sure everyone involved is safe and receives medical attention if needed.
Call 911 if necessary. If anyone is injured or the accident is blocking traffic and you’re unable to safely move your vehicle, contact emergency services.
Exchange information. Collect the other driver’s contact information, driver’s license information, and insurance details. A responding police officer can help facilitate this if necessary.
Take photos. If it’s safe to do so, photograph the vehicles, damage, road conditions, traffic signs, skid marks, and the surrounding scene. If you’re unable to do this, ask a passenger or witness to help. We’ve also written a detailed guide on what accident scene photos to take.
Gather witness information. If anyone witnessed the accident, ask for their name and contact information. A police officer may also document witness statements in the accident report.
Seek medical attention, even if you feel okay. Adrenaline and shock can mask injuries immediately after a collision. Seeking medical care is important both for your health and to document any injuries.
Notify your insurance company. Most insurance companies require prompt notification after an accident. Even if another driver was at fault, your insurance company will likely need to be involved in the claims process.

Not every one of these steps will apply to every accident, but they’re a good place to start.

Will Your Insurance Cover You in another state?

In most cases, yes. Auto insurance policies generally follow you throughout the United States. That means your liability, collision, comprehensive, and uninsured or underinsured motorist coverage will usually remain in effect while you’re traveling.

In some situations, your policy may automatically adjust to meet another state’s minimum insurance requirements. Exactly how this works depends on your policy and the laws of the state where the accident occurred.

If you’re planning a road trip, it’s worth reviewing your coverage before you leave. Your insurance company or agent can explain how your policy works if you’re involved in an out-of-state car accident.

The Laws of the State the Accident Happened Usually Apply

One thing that surprises many accident victims is that the laws of the state where the crash occurred generally govern the injury claim. Those laws can differ significantly from Washington’s and may affect whether you can recover compensation and how much you may receive.

One of the biggest differences between states is how they determine fault after a car accident.

Comparative Negligence

Washington follows a pure comparative negligence system. This means you can still recover compensation even if you were partially responsible for the accident. However, your compensation is reduced by your percentage of fault.

For example, suppose you’re found to be 25% responsible because you were speeding. If your damages total $100,000, your recovery could be reduced by 25%.

Modified Comparative Negligence

Many states use what’s known as modified comparative negligence. Under this system, an injured person can recover compensation only if their share of fault falls below a certain threshold, which is often 50% or 51%.

Contributory Negligence

Only a small number of states still follow contributory negligence rules. These laws are much stricter. If you’re found to be even 1% responsible for the accident, you may be barred from recovering compensation altogether.

Because these laws vary so much, it’s important to understand how the state where your accident occurred may affect your case. Speaking with an experienced personal injury attorney can help you understand your rights, explain how those laws apply, and advocate on your behalf.

Other Laws That Can Vary from State to State

Fault laws aren’t the only thing that change from state to state. Several other legal rules may affect your claim and how it’s handled.

For example:

Statute of limitations. This refers to how long you have to file a lawsuit after an injury. In Washington, the statute of limitations for most personal injury claims is three years. Other states may allow more or less time.
Required insurance coverage. Minimum insurance requirements vary from state to state, which may affect how claims are handled.
Damage caps. Some states limit the amount of compensation that may be available in certain personal injury cases, particularly for non-economic damages.

A personal injury lawyer can help you understand which state laws apply to your accident.

Where Do You File an Injury Claim?

An injury claim is generally governed by the laws of the state where the accident occurred, regardless of where the drivers live.

However, because most auto insurance policies provide nationwide coverage, you’ll likely continue working with your own insurance company while the claim is being investigated and processed.

Do You Need a Lawyer in the State Where the Accident Happened?

It’s perfectly reasonable to start by contacting an attorney you know and trust, especially if they’re located near your home. They may be able to answer general questions and explain what to expect.

If a lawsuit becomes necessary, you’ll often need an attorney who is licensed to practice in the state where the accident occurred. In many cases, attorneys work together across state lines. Your local attorney may be able to recommend an experienced lawyer in the appropriate state or collaborate with them throughout your case.

Talk to a Tacoma Personal Injury Lawyer

Being injured in a car accident while traveling can leave you with a lot of questions. The team at Ladenburg Law Injury Attorneys is here to help you understand your options and determine the next steps.

We offer free, no-obligation consultations, and you won’t pay attorney fees unless we’re successful in recovering compensation for you.

To get started, call us at 253.272.5226 or fill out the short form on our website.