Were you recently a victim of a car accident involving an out-of-state driver? Are you a resident of another state and were hurt in an Illinois car accident?
Are you concerned about how Illinois law pertains to drivers from other states involved in out-of-state car accidents?
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC (888) 424-5757 (toll-free phone call) can help you file a claim or a personal injury lawsuit against another at-fault driver responsible for causing your crash.
Our Chicago car accident lawyers handle cases involving out of state car accidents. Contact our personal injury law firm today to schedule a free consultation with a personal injury attorney to explore your legal options.
Illinois Residents Injured in Out-of-State Car Accident
Are you an Illinois resident suffering injuries or property damage in a car accident outside of Illinois?
Depending on which official government has jurisdiction, you will need to file an auto insurance claim for compensation in the state, county, or city where the out-of-state car accident happened. The state where the accident occurred may have different laws than the home state.
Out-of-State Motorist Accidents
In nearly every case, out-of-state residents injured in Illinois vehicle crashes must submit their compensation claim at the location where the out-of-state accident occurred. The accident location always determines the state, county, or city court having jurisdiction over the out-of-state accident case.
In some other states, the injured plaintiff filing a personal injury lawsuit seeking financial recovery cannot be compensated by other drivers involved in the car crash if they contributed to the crash. Conversely, Illinois law is based on a modified comparative negligence system.
Illinois law allows the plaintiff to obtain damages from multiple defendants if the plaintiff’s responsibility is no greater than fifty percent. However, Illinois laws dictate that the plaintiff’s compensation will be reduced proportionately to their degree of responsibility.
Getting the Best Legal Advice After an Out of State Car Crash
Most attorneys who practice law handle only cases that occur within the geographic boundaries of their state. An out-of-state car accident is a bit more complicated and may require the assistance of an attorney who practices law in both states.
The no-fault state you were in when the crash happened may not cover damages to your car if it is registered in another state. You need to check with a lawyer in your state to find out the rules. Law firms representing out-of-state clients in car accident claims are generally very familiar with the process and can help you.
A Business Involved in an Out of State Car Collision Case
When a business vehicle is involved in a collision outside of the state in which the business resides, there are a few things to be considered. The business will also be responsible for any property damage due to the crash. Consult your attorney for legal guidance.
Where the defendant resides has a big impact on how an out-of-state crash claim is processed. The first thing to understand is that just because the collision occurred in another state, the court in which your case will be tried is likely to be the court in the state where the defendant resides.
The principal place of business or the domicile of the parties and the location of the collision can all play a role in which state’s law will apply to an accident. Insurance companies will also often have specific language in their policies that determine which state’s law applies in the event of a collision.
If a business has a significant amount of out-of-state business, the owners should have procedures to handle car collisions. Consult your auto insurance policy to see what is not covered before hitting the open road on your next road trip.
The Minimal Contacts Rule
The minimum contacts rule is the legal test used by courts to determine whether or not they have personal jurisdiction over a defendant in a civil case.
Challenges of Dealing With Out of State Car Accidents
An accident in another state can be complicated, especially regarding insurance claims and getting your car repaired. By visiting the nearest PIP provider, injured people may access their personal injury protection (PIP) benefits.
Some insurance carriers have coverage across the country. In addition, they have repair facilities in many parts of the country.
If the other driver were at fault, their insurance company would be responsible for paying your damages.
If you were hurt in a car accident that occurred in a different state, you could still file a personal injury claim against the at-fault party. The process is similar to filing a claim in your home state, but more processes may be required. Seek the advice of your attorney.
What to Do After the Out of State Car Accident Occurs
The steps include:
- Do not leave the accident scene unless your injuries require immediate care
- Call 911 and ask for law enforcement’s help
- Assess yourself and others looking for injuries that require assistance
- Ask the EMTs (emergency medical technicians) for transport to the local emergency room or urgent care center to seek medical attention, even if you believe you are not hurt
- Exchange information with all parties concerned, including names, addresses, phone numbers, driver’s license, vehicle registration, and insurance information
- Gather evidence, including taking pictures of the accident scene injuries and damages
- Gather eyewitness information, including their name, telephone number, address, and email address
- Notify your car insurance carrier about what happened without admitting liability
- Do not speak to the insurance company regarding the auto collision until you consult your lawyer
The surge of adrenaline racing through your body in the moments to hours after the crash could mask severe injuries, including internal organ damage, broken bones, deep lacerations, contusions, and traumatic brain injury,
Only a competent doctor with the best diagnostic tools can accurately determine the extent of your health, identify any injuries, provide appropriate treatment, and recommend follow-up care.
If you are injured in a car crash in another state, you can still file a claim against the defendant. The process is similar to filing a claim in your home state, but some additional steps may be required. Seek the counsel of your attorney. Reporting a Claim with the Insurance Company in the State Where the Car Accident Occurred
Every out-of-state resident hurt in a car collision must report the crash to their insurance carrier to begin the compensation process. Most auto insurance policies limit coverage to every area in America and its territories. Additionally, some cover Canadian provinces and territories.
Usually, a California driver’s insurance coverage is valid in Illinois, as outlined in the insurance policy. The insured extended coverage over state lines should make it easy to report an out-of-state accident involving an Illinois car.
The insured out-of-state driver should call their insurance company that will likely assign a claims adjuster to handle compensation for property damage and injuries in the state where the accident occurred.
If the damage is extensive, the visiting insured driver may decide to have the vehicle repaired at a repair shop close to the particular state where the accident happened.
Hiring an Illinois Car Accident Attorney to Prosecute Your Out of State Car Accident Case
Were you or a loved one hurt in a car accident involving an out-of-state negligent driver? Are you concerned about making a police report and filing a compensation claim against the driver’s policy from a neighboring state?
The Chicago auto accident attorneys at Rosenfeld Injury Lawyers can help determine your legal rights and take legal action. Contact our law firm today at (888) 424-5757 (toll-free phone call) to schedule a free consultation to discuss receiving funds to pay for medical bills, lost wages, pain, and suffering.
Our local attorney understands which state’s laws apply to build a case and obtain the benefit you deserve to resolve your auto accident.
Our car accident attorneys accept every personal injury claim through contingency fee agreements. The arrangement ensures you pay nothing until we have successfully resolved your case.
Your lawyer will follow CDC (Centers for Disease Control and Prevention) guidelines for social distancing to ensure everyone’s safety. All information you share with our attorneys remains confidential through an attorney-client relationship.