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.
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.
What Happens if You get in a Car Accident Out-of-State?
Typically, local laws require mandatory minimum coverage for policyholders to ensure they have adequate liability insurance if involved in an out-of-state accident. You likely should not have any challenges filing a compensation claim regardless of where the accident occurred.
The insurance company could deny your damages claim for damages and medical bills. You might need to talk with an insurance bad faith lawyer about taking legal action to hold the insurance company accountable.
Does Car Insurance Cover out of State Auto Accident?
Decades ago, insurance companies started providing extended coverage when motorists visited a new state or traveled across the country. However, your insurance policy may be void if you permanently relocated anywhere across state lines.
Your current company will likely require you to purchase new auto insurance in your new state of residency within a specified number of days after relocating.
What States are the No-Fault States With Car Insurance?
In America, Puerto Rico and twelve states maintain no-fault auto insurance laws to provide financial recovery for victims to pay for every injury, medical bills, lost earnings, pain, emotional anxiety, and suffering. Legislatures enacted the no-fault systems to lower auto insurance costs.
These states include:
- New Jersey
- New York
- North Dakota
Will My Car Insurance Cover Me if I Move to Another State?
The laws involving automobile insurance vary significantly between states. Some jurisdictions require that every driver and vehicle owner maintain a minimum mandatory liability insurance limit covering compensation to resolve every claim or lawsuit involving damage, injury, or death.
After relocating to a new state, you will need to update your current automobile insurance policy to ensure you have the minimum limit and coverages in your policy.
Based on your current insurance policy, the insurer will likely give you between thirty and ninety days to transfer your existing policy to new motor vehicle insurance.
However, you can plan ahead by contacting your insurance agent to make the changes once you arrive. You will also be required to change your vehicle registration to update your vehicle title, plates, and tags.
Should I Hire an Illinois Attorney for a Car Accident Case if I Live Outside of the State?
If you are injured in an Illinois auto accident, you may wish to hire a lawyer who is licensed to practice law in Illinois.
The benefit of hiring a lawyer in the area where your accident occurred is that he or she will know the law applicable to your case and the insurance companies involved. Your lawyer can advise you of your legal options under the law and suggest a fair value for your case.
At Rosenfeld Injury Lawyers LLC, we regularly represent people from outside of Illinois who suffered an injury or death on an Illinois road or highway.
Our team of motor vehicle injury attorneys can communicate with you via phone or email and your physical presence is typically very limited. Contact us today for a free consultation.
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.