A car crash is something that no one is ever wanting to happen to them. Getting into a car accident leaves you with no car, possible injuries, and feelings of confusion and agitation. All of these feelings of pain, panic, and uncertainty can become even more overwhelming the moment you realize the driver who caused the accident is a resident of another state.
The personal injury claims process is complicated, and it is purposely designed to be that way so that an insurance company can maximize their profits. Personal injury claims are not just complex but their process and regulations can be different from state to state, meaning that when you are hit by an out of state driver the process may be even more complicated.
While no one is planning on getting into an accident we at LifeLaw Personal Injury believe that it is always best to be prepared for anything. Which is why in this article our Utah personal injury lawyers will be diving into the differences and unique challenges that may arise when you have to deal with an out of state driver compared to a local driver.
Jurisdiction and Applicable Laws
Insurance Regulations
When you are pursuing a personal injury claim and seeking compensation from the injuries that you have sustained from a car accident you will be dealing with the at fault drivers car insurance directly. If your accident involves a driver who is out of state, then your claim will be handled under their state of residence rules and insurance regulations.
Every state in the United States has their own set of insurance rules and requirements. These rules are created with the citizens of the state in mind and means that each state is different. Across the country every state has distinct requirements for minimum amount of coverage required for a vehicle, property damage limits, as well as the inclusion of Personal Injury Protection (PIP) insurance.
A good example of how insurance regulations change from state to state is looking at PIP insurance and “no fault” states. Utah and 11 other states operate as No Fault states. This means that even if you have caused a car accident your insurance company will cover the damages regardless of fault. This is because you are required to carry some form of PIP insurance to cover the damages from an accident.
These differences can be confusing and can make it difficult to understand how to file your claim. This makes it crucial to understand the insurance laws of the out of state driver’s home state.
Statute of Limitations
The statute of limitations refers to the time frame in which you have to file a lawsuit. This timeframe varies from state to state and is absolutely critical information for your case. In Utah the statute of limitations is four years, this means that you have four years to file a lawsuit for your claim. However, if you were hit by someone in Georgia, for example, you would only have two years to file your lawsuit as that is the statute of limitations there.
These differences are vital to your case, and if you or your attorney are not aware of them they can completely derail your personal injury case. To ensure that your case is filed in an appropriate amount of time make sure to consult with a skilled Utah personal injury lawyer.
Jurisdictional Issues
Determining Jurisdiction
One of the first challenges that you will run into after an accident with an out of state driver is determining which state court has jurisdiction over the case. The jurisdiction of your personal injury case is generally determined by the location of the accident. However, if the out of state driver has significant contacts or business dealings in their state (driving a work truck from an out of state business etc.) the the other states court may try for jurisdiction. This is another critical point to discuss with your Salt Lake City personal injury lawyer as it affects directly how and where you are able to file a lawsuit.
Service of Process
In the case that your personal injury claim goes to court then your attorney will need to serve the at fault party with legal documents. Once again this process can vary from state to state, and can become more complex if you are serving an out of state resident.
Your Utah personal injury attorney may need to follow that state’s specific procedures in order to ensure that the out of state driver has been properly notified of the legal proceedings. This may involve coordinating with local legal authorities in the driver’s home state, or providing a verification that the service has been completed to the courts.
Insurance Claims
Filing Claims
Filing an insurance claim can already be a headache, but with an out of state driver they can quickly become even more complicated. You will need to deal with the at fault driver’s insurance company, which may have different procedures and requirements compared to your local insurers.
Additionally, some out of state insurance companies may have different rules in terms of what they are required to reveal in terms of your case, including what the policy limits for your case may be. Communicating and coordinating with an out of state insurance company can also be challenging due to differences in time zones and administrative practices.
Uninsured / Underinsured Motorist Coverage
In some cases, the out of state driver may not have adequate insurance coverage to cover the damages that you have suffered. This is where your underinsured / uninsured motorist coverage becomes crucial. This coverage protects you if the at fault driver does not have sufficient insurance coverage or has no insurance coverage. It is essential to review your own policy and understand the extent of this coverage.
Legal Representation
Local VS. Out of State Attorneys
A car accident case involving an out of state driver can be difficult to handle, and hiring an attorney who has had experience in handling these sort of cases is vital. The expert Utah personal injury attorneys at LifeLaw have years of experience navigating interstate legal issues. Our team of Salt Lake City personal injury lawyers will quarterback your case and handle all of these confusing issues and help you navigate the complexities of your case.
If you have been involved in an accident with an out of state driver, the added layers of complexity can be difficult to deal with on your own. Learning and understanding the differences in insurance regulations, jurisdictional issues, and the claims process is crucial to protecting your rights and securing you the compensation that you deserve.
If you or someone that you know has been injured by an out of state driver, make sure to give the best personal injury lawyers in Salt Lake City a call at LifeLaw Personal Injury. Our team of expert attorneys are dedicated to helping you through this difficult time in your life, and will ensure that you get the compensation you deserve. If you are hurt and don’t know what your next steps are, give us a call today at 801-206-4002 for a free consultation.