Living in Western New York, out-of-state destinations are never that far away. Within a few hours of driving along the lakes, you can reach Cleveland, Erie, or Toronto.
But what should you do if you’re injured in an out-of-state car accident? Will your insurance coverage work the same as it would if you were in New York? And what if you’re still in New York but are involved in a car accident with another driver who is not from the state?
We will discuss some of the factors that can influence the claims process when a car accident occurs out of state. But no matter where your accident occurred, you can always contact our experienced car accident attorneys if you have questions or want a free case evaluation.
Immediate Steps to Take After an Out-of-State Accident
After a car accident, you should always take some specific steps to protect your rights. These don’t change when you’re out of state or an out-of-state driver is involved in your car accident.
- Seek Safety and Medical Attention: Your priority is to check for injuries—both yours and anyone else’s—and call 911 if medical care is needed. Even minor collisions can cause injuries that worsen over time, so never skip a medical evaluation.
- Contact the Police: Ask the responding officer for a copy of the police report (or instructions on how to obtain it). The report can be critical evidence for your accident-related insurance or legal claim.
- Exchange Information with the Other Driver: Gather the other driver’s name, license plate number, driver’s license, registration, and insurance details. Also, collect contact information for any witnesses.
- Document the Scene: Use your phone to take photos of vehicle damage, the accident location, traffic signals, and any visible injuries. This visual evidence can be vital if you need to prove fault or damages.
- Never Admit Blame: While you should be polite and professional, don’t apologize for the car accident. You should also avoid making recorded statements until after you’ve spoken with a personal injury lawyer.
Does Your Insurance Cover Out-of-State Car Accidents?
In most cases, car insurance policies purchased within the United States will cover accidents within all 50 states, U.S. territories, and Canada. However, it never hurts to confirm the scope of your coverage before making any significant road trips.
Handling the basics of an out-of-state car accident should not be much different than if it had happened in your home state. Depending on the insurance company’s policies, they may assign you an adjustor from your hometown or from the region where the accident occurred. The insurance company should also have connections to regional towing companies, auto body shops, and other needs if you choose to or must have your car repaired in that area.
Do New York Insurance Laws Still Apply Out of State?
If your car insurance is through a New York-authorized insurance company – and it legally must be if you live in New York State – then New York’s no-fault insurance laws will still apply to any out-of-state accident claims in the United States, U.S. territories, or Canada.
For example, New York is a no-fault state. This means that, no matter who was responsible for the car accident, you can file a car accident claim with your own insurance company. All New York drivers must carry at least $50,000 in no-fault coverage, which will help offset your medical expenses, lost wages, and other damages. Your no-fault car insurance coverage should still take effect even if you are injured in a state that does not have a no-fault law.
However, $50,000 doesn’t always cover the extent of injuries from an out-of-state accident. Your claim can become more complicated if you suffer serious, life-changing injuries or even non-life changing permanent injuries.
Can You Pursue a Personal Injury Claim in an Out-of-State Accident?
If the injuries you sustained in a car crash are considered “serious” or exceed $50,000 in medical costs, you can directly file a personal injury claim against the other driver. This is the sort of situation where the location of the crash might hold the most influence.
If your car accident occurred in New York and the other driver’s insurance company is authorized in New York, their policy must contain New York’s minimum required coverage. In this case, even if the other driver is not from New York, their insurance policy must still follow New York regulations.
Different rules might apply if your car accident occurred out of state, because you may need to file your personal injury lawsuit in the state in which the car accident occurred. States have different laws, time limitations to file a lawsuit, and legal definitions that can influence your case.
For example, in New York we use a “pure comparative fault” system. Under this system, in a lawsuit, compensation is paid out based on proportionate fault. So, if you were 60% to blame for a car accident and another driver was 40% to blame, you’d get 40% of the value of your injuries.
In comparison, Ohio and Pennsylvania use a “modified comparative fault” system. In these states, you can only recover damages if you were less than 51% to blame. So, in our example above (where you were 60% at fault for a motor vehicle accident), you’d receive nothing.
And, unfortunately, state insurance regulations might not matter much if the other driver carried little or no insurance at all. In these cases, you might be limited to filing against the underinsured or uninsured motorist coverage on your own policy (and we absolutely recommend that every driver purchase such coverage to protect themselves and their families).
Another important state-related factor to keep in mind is the statute of limitations on your personal injury lawsuit. Different states have different lengths of time under which you can legally file a claim. If a case is under a certain state’s jurisdiction, it won’t matter if New York’s statute of limitations is longer – you will still have your case thrown out if it’s not filed within the time limits of the state where the accident occurred.
Feroleto Law Can Help You Cut Through the Complications of Out-of-State Car Accident Claims
A car accident out of state can be stressful enough on its own, even before you find yourself needing to seek compensation for medical bills, lost work, and other losses. When you have to juggle differing state laws, insurance regulations, and potential language barriers if you’re traveling internationally, it can feel overwhelming.
When dealing with other state regulations, clashing insurance company policies, or underinsured drivers, having an experienced car accident attorney on your side can be a valuable asset. At Feroleto Law, our personal injury attorneys understand the complications that arise in out-of-state insurance claims. We can help you gather critical evidence, coordinate with local counsel or insurance adjusters, and make sure you meet important deadlines—so you can focus on healing rather than navigating the legal maze.
We have helped clients get the compensation they deserve after vehicle accidents in and outside of Western New York. With more than 40 years of experience, including out-of-state car crashes and truck accidents, we can guide you on your next legal steps and represent your best interests in settlement negotiations or trials. We also have connections to trusted attorneys throughout the country who can directly serve you within other states, if needed. Our collaborative approach ensures that your case is handled by professionals who are familiar with local rules, laws, and courtroom procedures—no matter where your crash occurred.
If you or a loved one has been in an out-of-state car or trucking accident, don’t wait to seek the legal help you need. Acting quickly is vital, since each state has its own statute of limitations that could bar you from recovering damages if you wait too long. Call Feroleto Law at (716) 427-0245 or fill out our online contact form to request a free review of your case. If you decide to hire us, you will never have to pay us any legal fees unless we win your case or settle it outside of court.
We’re here to help you cut through the red tape, protect your rights, and work toward the maximum compensation you deserve.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]
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