What Happens If You Suffer a Car Accident Out of State?

If you’ve been in a car accident while traveling outside Georgia, you may have legal claims against the driver or other parties at fault for the crash. However, because those parties likely reside in a state other than Georgia, you may have to pursue legal action in the state where the accident occurred.

A Georgia car accident lawyer can still help you by explaining your rights and options and coordinating with legal counsel in another state.

What Should You Do Immediately After the Out-of-State Car Accident?

Steps you should take after having a car accident in another state include:

• Report it to law enforcement (and, later, request a copy of the crash report).
• Seek medical attention for your injuries as soon as possible.
• Follow up with your physician after returning home.
• Obtain copies of your medical records.
• Contact your car insurance provider to report the accident.
• Keep all bills, invoices, and receipts, and gather copies of your pay stubs/income statements.
• Talk to a Georgia car accident attorney as soon as possible to discuss your legal options.

Will My Georgia Car Insurance Still Cover Me If I Am In an Accident in Another State?

If you have a car insurance policy in Georgia, that policy will likely cover you if you get into an accident in another state. You may seek coverage under the liability coverage offered by your policy or optional coverage you may have purchased, such as uninsured/underinsured motorist coverage or collision coverage. However, the coverage available to you may depend on the location of the car accident, making it essential to speak with a car accident attorney who can review your insurance policy to help you understand your coverage.

If I Am Suing the Other Driver, Will I Need to Return to the State Where the Accident Happened?

When you file a personal injury lawsuit against a driver who hit you in the state where the car accident occurred, you may have to return to that state for proceedings in your case. For example, the court may require your appearance for trial. In some circumstances, the court may also require you to return to the state to sit for a deposition. However, the court may allow you to appear for a deposition remotely.

The court may excuse your presence at some pre-trial hearings, allowing an attorney who has entered an appearance on your behalf to represent you at those hearings. So, you may avoid returning to the state where the accident occurred for an extended period during your lawsuit or traveling back and forth between your home and the other state for legal proceedings.

What Happens If the State Where the Accident Happened Is a No-Fault State?

Some states in the U.S. have a no-fault system for car accident claims, including Florida and New York. In no-fault states, residents who drive must have auto insurance that includes personal injury protection (PIP) coverage. PIP coverage compensates for medical expenses and lost wages to an insured driver or passenger, regardless of who may have caused the accident.

No-fault laws require injured drivers and passengers to look to their insurance company first for compensation. Depending on the specifics of a no-fault state’s laws, an injured party may have to meet specific requirements before they can file a car accident lawsuit against an at-fault driver, such as suffering particular kinds of injuries or incurring a minimum amount of financial loss.

So, if you have a car accident in a no-fault state, you can best protect your rights and interests by working with a knowledgeable car accident lawyer. The attorney can help you navigate the complexities of no-fault car accident laws and pursue the maximum compensation possible.

What Compensation Can I Seek If the Accident Occurred in Another State?

In a car accident claim, you may have the right to seek compensation for various losses you incur due to your injuries or property damage, including:

• Costs of vehicle repairs or reimbursement of the value of your vehicle
• Medical treatment and rehabilitation expenses
• Long-term disability costs
• Lost wages/income from missed time from work
• Lost future earning potential due to prolonged or permanent disability from various types of employment
• Physical pain and anguish
• Emotional trauma or distress
• Reduced enjoyment/quality of life caused by disabilities or disfigurement/scarring.

Some states cap the compensation that a car accident victim can recover for non-economic losses, such as pain, emotional suffering, or lost quality of life. Many other states also have rules governing the availability of punitive damages.

Punitive damages do not compensate a car accident victim for financial or non-economic losses. Instead, they punish an at-fault party for their behavior and deter others from similar behavior. Each state will have different criteria for the type of conduct or level of culpability necessary to support a punitive damages award. Some states also cap punitive damages awarded in car accident cases.

Which State’s Statute of Limitations Will Apply for an Out-of-State Car Accident?

In most cases, when you need to file a lawsuit to pursue compensation for an out-of-state car accident, you must follow the statute of limitations of the state where the accident occurred. Although Georgia has a two-year statute of limitations for car accident lawsuits, many states have different limitation periods. Some states require car accident victims to file a lawsuit within a year of a crash, while others give accident victims up to five or six years to file their claims.

Working with a Georgia car accident attorney and legal counsel in the state where you must file suit can help you determine which state’s statute of limitations will apply to your claim.

Contact a Georgia Car Accident Lawyer

Hurt in a car accident outside Georgia? Contact R. Alan Cleveland, LLC, today for a free, no-obligation consultation with a knowledgeable car accident attorney. You can learn more about your rights and options for seeking compensation in a car accident lawsuit for a crash in another state.

Our firm has a proven record of success, including over $150 million recovered for clients. Our personalized service and tailored, innovative legal strategies enable us to tackle even the most challenging injury cases.