Out of State Residents Injured in Illinois Car Accidents

Were you recently involved in a car accident involving an out-of-state driver?

Are you a resident of another state injured in an Illinois car accident?

Are you concerned about how Illinois law pertains to drivers from other states involved in automobile accidents?

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC (888) 424-5757 (toll-free phone call) can help you file a claim or lawsuit against another at-fault driver responsible for causing your crash.

Our legal team handles Illinois car crashes involving out-of-state residents injured by the reckless actions of others.

Illinois Residents Involved in a Car Accident With Out-of-State Drivers

Are you an Illinois resident suffering injuries or property damage in a car accident occurring locally?

You will need to file a claim for compensation in the state, county, or city where the crash happened, depending on which official government has jurisdiction.

Your car accident lawsuit is bound by Illinois laws governing the standards of liability and statute of limitations involving automobile crashes. It is crucial to seek legal representation by attorneys familiar with the laws and time limits surrounding Illinois car accidents.

Out-of-State Motorist Accidents

In nearly every case, out of state residents injured in Illinois vehicle crashes must handle their compensation claim at the location where the crash occurred. Almost always, the accident location determines the state, county, or city court having jurisdiction over the case.

Usually, the at-fault drivers’ residency does not dictate which Illinois court will preside over the case.

The court system will enforce laws that pertain to accident-related personal injury claims. Illinois is a comparative fault state where the responsibility is identified by determining which insured parties must pay for accident-related damages.

In some other states, the injured plaintiff filing a compensation lawsuit seeking financial recovery cannot be compensated by others involved in the car accident if they contributed to the crash in any way. Conversely, Illinois law is based on a modified comparative negligence system.

Illinois law allows the plaintiff to obtain damages from all 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.

Illinois Minimum Mandatory Automobile Insurance Requirements

Illinois mandatory insurance law requires that all vehicle owners maintain liability insurance for all registered vehicles. I

illinois vehicle Owners Must Carry Minimum Coverage, including:

• $25,000 insured coverage for injuries and death of individuals involved in crashes caused by the policyholder
• $50,000 insured coverage for all injuries and death in crashes caused by the policyholder
• $20,000 insured coverage for another person’s property damaged in a car accident caused by the policyholder

A minimum mandatory liability policy will cover all medical expenses, property damages, lost wages, and any other losses by other drivers, vehicle occupants, bystanders, and pedestrians injured in the accident.

Every Illinois minimum mandatory automobile policy automatically provides uninsured motorist damages coverage at a policy limit equal to the insurance liability coverage. Illinois accident victims harmed by out-of-state drivers with insufficient liability coverage could file a claim on the family’s policy using the uninsured or underinsured motorist coverage.

Illinois residents may be covered for any damages or losses occurring in an accident while on a driving vacation or business trip.

However, Illinois law likely does not extend the family’s insurance company policy to cover injuries suffered in rideshare vehicles, taxis, rental cars, and out-of-state vehicles.

What to Do After the Accident Occurs

If you are involved in an accident with an out-of-state driver, what you do next may maximize your recovery and financial well-being.

The steps include:

• Do not leave the accident scene except by ambulance
• 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 for immediate medical attention, even if you believe you are not injured
• Exchange essential information with all parties involved, including names, addresses, phone numbers, driver’s license, vehicle registration, and insurance company information
• Gather evidence, including a photographic image of the accident scene injuries and damages
• Gather eyewitness information, including their name, telephone number, address, and email address
• Notify your insurance company about what happened without admitting fault
• Do not speak to any other insurance company involved in the collision until you receive legal advice

It is essential to go to the emergency room after the car accident, even if you believe you feel “fine.”

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.

Who Decides Who Is At-Fault for the Accident?

If an Illinois driver suffered injuries in an accident, they could file a claim or civil lawsuit against any driver or party responsible for causing the crash. However, determining who caused the accident might be challenging.

The evidence may involve photographs of the damage, eyewitness accounts, the police report, and tire marks at the accident scene.

Typically, a personal injury law firm handling accident claims does not need to prove fault beyond all reasonable doubt.

Instead, there must be clear and convincing evidence of what party or parties caused the accident. This lower standard of proof does not require indisputable facts.

Usually, evidence revealing the last part of the car crash will help identify those at fault for the accident. If the crash involves multiple vehicles, multiple parties might be involved in some specific percent of the total responsibility, with one car hitting another from behind.

Some accidents, including rear-end collisions, are not difficult to identify the at-fault driver under most circumstances and situations.

Determining who caused the accident could be more difficult if a driver failed to use a turn signal when changing lanes or a motorist slowed down after speeding just before the auto accident occurred.

A lawyer specializing in motor vehicle accidents may investigate the cause, extenuating circumstances, and other factors to identify who caused the accident. The investigative information may help effectively build a solid case to hold against the insured driver responsible for causing the crash.

Reporting a Claim with the Insurance Company

Every out-of-state resident injured in a car collision must report the accident to their insurance company to begin the compensation process. Nearly every insurance policy limits coverage to every area in America and its territories, along with Canadian territories and provinces.

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 area where the accident occurred.

If the extent of the damage is severe, the visiting insured driver may decide to have the vehicle repaired at a repair shop close to where the accident happened.

The insurance company will likely provide a network list of recommended tow companies, claims adjusters, mechanics, and shops close to the insured driver’s location.

Filing a Third-Party Claim

Our personal injury law firm files many third-party claims against others who may be responsible for causing a collision. Working on behalf of our clients, we may include additional defendants in a civil lawsuit to resolve a car accident claim.

These third-party defendants may include automakers, tire manufacturers, component distributors and retailers, motor vehicle repair companies, and others.

Adding one or more third-party defendants to a lawsuit could increase the amount of compensation our clients receive while holding others responsible for the accident legally accountable,

Illinois Statute of Limitations for Personal Injury Claims Related to Car Accidents

Legislators in every state pass statute of limitations bills, restricting the amount of time any driver or passenger with damages can file a claim or lawsuit against the insured driver seeking compensation.

The Illinois statute of limitations restricts the length of time every resident or out-of-state driver with damages could file a claim for two years, except in unusual circumstances.

For an out-of-state driver, filing a personal injury claim for compensation should be done immediately before leaving the area. Waiting too long to file a claim involving an out-of-state accident past the expiration of the statute of limitations could prohibit the victim from ever seeking compensation at any time in the future.

Out-Of-State Car Accident FAQs

Below are some frequently asked questions raised by people involved in auto accidents in a state other than where they reside.

Our attorneys are committed to providing you with the best possible legal representation regardless of your location. We are here to answer any questions you have about your situation and how Illinois law applies.

Hiring an Illinois Personal injury Attorney to Prosecute Your Car Accident Case

Were you or a loved one injured in a car accident involving an out-of-state driver? Are you concerned about making a police report and filing a compensation claim against the driver’s policy from another state?

The auto accident attorneys at Rosenfeld Injury Lawyers can help. Contact us today at (888) 424-5757 (toll-free phone call) to schedule a free consultation to discuss receiving funds to pay for medical expenses, lost wages, pain, and suffering.

We understand the anxiety and confusion in dealing with the insured out-of-state driver’s insurance and policy limits. Let us apply the law, build a case, and obtain the benefit you deserve to resolve your auto accident.

Our car accident attorneys accept every personal injury case through contingency fee agreements. This arrangement ensures you pay nothing until we have successfully resolved your case.

Your injury 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.