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Out-of-State Car Accidents

Posted in Accident & Injury, Automobile, Car Accident on December 23, 2021

Out-of-State Car Accidents
Traveling to see friends and family during the holidays can be exciting, but what happens when you get into a car accident out of state? We have created a guide to better understand what to do if this occurs.   

Steps to take after an out-of-state car accident: 

1. Call the police 

  • It is essential to contact the authorities after an out-of-state car accident immediately. They will ensure that a thorough accident report is taken for future insurance purposes and hold the guilty party accountable.  

2. Gather important documents 

  • During this step, you’ll want to take pictures of both the damage on your car and the other car(s) involved as well as their license plate.   
  • Afterward, get the information of everyone involved in the accident, including name, license, registration, and insurance.  

3. Get Examined 

  • It is important to go to a doctor and get examined to determine any injuries resulting from the crash. 
    • In some cases, injuries may manifest days to weeks later. Therefore,  headaches, pain in the neck or shoulders, back pain, numbness or tingling, abdominal pain, or emotional pain should not be ignored. 

4. Contact your insurance company 

  • Reporting an accident to your insurance company should be done as soon as possible. By not contacting them, you could be in a policy violation and end up being reliable for all damages.  

 

What state has jurisdiction? 

If you were the victim of a car accident, there are a couple of options to file a lawsuit.  

In the state the accident occurred 

  • For example, regardless of the state either parties reside in, if the accident occurred in Ohio, the defendant could be sued in Ohio.   

In the state the defendant resides in 

  • For example, if the defendant caused an accident in Pennsylvania but resides in Ohio, they could be sued in either Pennsylvania or Ohio.  

 

What is fault vs. no-fault insurance? 

Fault 

  • In a fault state, after a car accident occurs, the guilty party must use their insurance for everyone’s injuries and damages.  
  • Ohio is an at-fault state. Drivers are required to carry liability insurance on their car that meets the requirements of; 
    • $25,000 per person injured in any one accident 
    • $50,000 for all persons injured in any one accident 
    • $25,000 for property damages of others in one accident 

No-Fault State 

  • No-fault states require drivers to use their insurance to pay for their own injuries and damages regardless of who was at fault.  
  • In the U.S., there are 12 no-fault states who maintain conditions to ensure the laws surrounding insurance are strict.  
    • People in no-fault states must use their personal injury protection (PIP) coverage for medical bills, which comes at an extra cost.  

 

Contact Elk + Elk 

If you or a loved one is visiting Ohio from out of state and get in a car accident, contact us today. We offer a free consultation and won’t charge anything unless you win. Call 1-800-ELK-OHIO (1-800-355-6446) or contact us online to schedule your free consultation.