Navigating the Aftermath of Out-of-State Car Accidents

New York is one of just 12 states that uses a no-fault insurance system for car accidents. This means if you are involved in a car accident in New York, it doesn’t matter who was at fault. Your insurance company pays for your losses and expenses up to the cap of your insurance policy.

However, more than three-quarters of the states in the U.S. don’t use that system, including some states that are adjacent to New York. What happens if you are involved in a car accident in one of those states?

Where the Accident Occurred Matters

The laws that apply during a car accident are the laws of the state where the accident occurred. Thus, if you get into a car accident in Connecticut, your car insurance does not automatically pay for your expenses. Instead, the car insurance policy for the at-fault driver covers your expenses.

If you have only ever driven a car in New York, this can take some getting used to. The good news is that even if the other car insurance company should be covering your claim, you can file the claim with your car insurance company. They will investigate the accident and determine who was at fault.

If the insurance company determines the other party is at fault, it will handle the bureaucracy of filing a claim with the other company.

However, that doesn’t necessarily mean you will be free from the burden of having to deal with the other insurance company. Every company is different. Some will handle the entire process for you. Others will start the process and then hand it off. You should discuss these policies with your insurer.

Other No-Fault States

This process becomes a lot easier, however, if you get into an accident in states like Pennsylvania or New Jersey. These states are also no-fault insurance states (though Pennsylvania’s laws are a bit more complicated).

In those states, because the laws are similar, your insurance company should pick up the tab in the same way it would if you were involved in an accident in New York.

The only thing you need to worry about in those states is the differences in when you are allowed to sue. Even though New York is a no-fault state, you have the right to file a lawsuit in limited circumstances. The same is true in all no-fault states. However, the circumstances are different in each state.

Hiring a Lawyer to Help

The best way to avoid getting caught unaware by laws you are unfamiliar with is to hire a lawyer as soon as possible after a car accident. Lawyers are more familiar with the legal system and can guide you through the claims process, regardless of where your accident occurred. But what lawyer should you hire?

That can be a tricky question. It usually depends on where the accident occurred. If you were involved in an accident in a nearby state, you are probably better off hiring a local lawyer who is licensed to practice in the nearby state. This gives you easy access to the lawyer and allows you to easily have in-person meetings.

However, if the accident was a fair distance away, you probably want to hire a lawyer who is local to where the accident occurred. You may also want to hire a local lawyer and let that lawyer act as a go-between. This gives you the benefits of face-to-face conversations and a lawyer who is familiar with the relevant laws.

Typically, you will want to be represented by a lawyer, even if your claim never goes to trial. Experienced lawyers can guide you through the insurance process in a way that keeps you from making costly mistakes.

Furthermore, many insurance companies will try to undervalue your insurance claim. Attorneys who regularly deal with car accidents are familiar with the types of injuries claimants suffer and how much they are worth. They can identify a lowball offer and prevent you from accepting less money than your claim is worth.

After Being Hurt in an Out-of-State Accident, ASK4SAM

Out-of-state accidents can be confusing for New Yorkers who have spent their entire life under the auspices of a no-fault accident system. Even if you are involved in an accident in a no-fault state, the subtle differences between how states handle that system can be tricky to deal with.

Protect your financial future after an out-of-state accident. Contact our law firm and ASK4SAM to schedule a free consultation today.