What to Do After a Car
Accident in Another State
April 18, 2022
Going on a road trip or vacation to another state can be a fun and fulfilling experience. However, you are still exposed to the risks of accident or injury while traveling. When you're involved in a traffic collision in a state where you don't live, your options to recover damages can become quite complicated. Since every state has its unique auto accident claims process, it’s vital to seek the legal guidance of an experienced personal injury attorney.
At Denning Law Firm, LLC, our attorneys are poised and ready to support and represent clients involved in out-of-state car accidents. As skilled Missouri personal injury attorneys, we will review all the facts of your unique situation and explore your possible legal options to seek damages. We will fight diligently to advocate for your best interests and help you pursue the maximum possible compensation. If you live in Kansas City—either in Missouri or Kansas—or the Overland Park area, set up a consultation with us today.
After an Out-of-State Car Accident
Filing a personal injury claim when involved in an out-of-state car accident can be complex. Here are some important things to note:
The laws of the state where your accident occurred will govern your case.
You must file the claim or lawsuit in the state where the accident occurred.
Insurance laws and rules generally vary between one state and another. You must follow the insurance rules of the state in which you were in an accident.
The particular state where your accident occurred can have a significant impact on how your claim is handled and the amount of compensation you may be eligible to recover.
Minimum insurance requirements or liability limits vary from state to state. Regardless, your insurance provider must honor the liability limits for drivers in the state where the accident occurred.
An experienced attorney can enlighten you about the auto insurance system for the state where the accident occurred and explore your options to seek damages.
Determining No-Fault or At-Fault
The auto insurance system for the state where your accident occurred can have a major effect on how your personal injury claims are handled and the amount of financial compensation you may be eligible to recover. For instance, if you live in an "at-fault" state but suffered an accident or injury while driving in a "no-fault" state, you may be eligible to claim no-fault benefits even if they weren't part of your insurance coverage.
Similarly, you may be required to prove negligence if you were injured in an at-fault state, even if your state follows the no-fault system. For this reason, it is advisable that you consult with an auto accident attorney in the state where the traffic crash occurred.
Missouri is an At-Fault State
Missouri is an "at-fault" car insurance state. Under Missouri's at-fault laws, the at-fault party (the person who caused the car accident) will hold financial liability for injuries, property damages, and other losses suffered by the accident victims. In order to recover compensation, you can:
File a first-party claim with your own insurance provider
File a third-party claim against the insurance carrier of the at-fault driver
File a personal injury lawsuit against the at-fault driver in civil court
An experienced Missouri car accident attorney can investigate every detail of your case, gather necessary documentation, seek to prove fault and establish liability, determine the case value, and help file your injury claim.
Kansas is a No-Fault State
Kansas is a "no-fault" car insurance state. This means that your own insurance policy (PIP coverage) will cover your medical costs, lost wages, and some other losses—up to the coverage limit—if you're injured in a traffic collision.
However, you may be eligible to step outside the no-fault system in Kansas if you exceed your PIP coverage limit, and your injuries qualify as "serious." Under Kansas law, serious injuries include:
Fracture of weight-bearing bone
Permanent loss of body function.
Compressed, compound, or displaced fracture of any bone
If your injuries meet the serious injury threshold, you may hold the responsible party liable by filing a third-party injury claim or personal injury lawsuit. An experienced attorney can guide you through the injury claims process and help you recover the maximum possible compensation for your injuries.
How an Experienced Attorney Can Help
Being involved in a negligent auto accident, especially when visiting another state, can be a difficult and overwhelming experience. Such an incident may leave you with medical bills, vehicle damages, missed time at work, and other losses. Fortunately, every state in the United States allows accident victims to seek compensation for their injuries through the civil justice system. An experienced personal injury attorney can explore your options to recover damages and help you move forward.
At Denning Law Firm, LLC, our attorneys have devoted their careers to advocating for the rights of individuals and families involved in out-of-state auto accidents. Using our extensive knowledge of the rules and statutes addressing personal injury cases involving out-of-state car accidents, we can help guide you through the often-complex legal process. Whether you were injured in a no-fault state or an at-fault state, our skilled attorneys will handle the claims process on your behalf and take the necessary legal steps to help you seek the financial justice you deserve.
Contact Denning Law Firm, LLC today to schedule a simple case assessment with knowledgeable personal injury attorneys. Our dedicated team will fight diligently to protect your best interests and help seek fair financial compensation when you need it the most. We're proud to represent clients throughout Kansas and Missouri, including Kansas City, Overland Park, and the rest of Johnson County.