Getting into a car accident is already a stressful experience, but when the other driver is from out of state, things can become even more complicated. Different state laws, insurance policies, and liability rules can all impact how your case is handled. So, what should you do if you’re involved in an accident with an out-of-state driver in California?
In this guide, we break it down step by step to help you navigate the process with confidence.
Immediate Steps to Take After the Accident
Regardless of where the other driver is from, the first steps after a car accident remain the same:
- Check for injuries – Call 911 if there are any injuries and seek medical attention immediately.
- Move to safety – If possible, move your car to the side of the road to avoid blocking traffic.
- Call the police – Always report the accident and request an official police report.
- Exchange information – Collect the other driver’s name, contact details, license plate number, and insurance information.
- Document the scene – Take pictures of the damage, road conditions, traffic signs, and any visible injuries.
- Look for witnesses – Get contact information from any bystanders who saw the accident.
- Notify your insurance company – Report the accident as soon as possible to start the claims process.
These steps are crucial in protecting yourself legally and ensuring a smooth insurance claim.
How Does an Out-of-State Driver Affect Your Claim?
1. Different State Insurance Laws
Each state has its own minimum insurance requirements, and some states have “no-fault” insurance systems. California follows an at-fault system, meaning the driver responsible for the accident must pay for damages. However, if the other driver is from a no-fault state (like Florida or Michigan), their own insurance may cover their injuries regardless of fault.
2. Determining Jurisdiction
Since the accident happened in California, California laws apply to the case, even if the other driver is from another state. This means:
- Any lawsuit will likely be filed in California courts.
- California’s comparative negligence laws will determine how damages are split if both drivers are partially at fault.
3. Dealing with an Out-of-State Insurance Provider
Insurance policies are generally valid in all 50 states, but some companies may have different policies when their driver is in another state. It’s possible that:
- The out-of-state driver’s insurance company may not be familiar with California’s laws.
- They may try to settle for less than what you’re entitled to.
- There could be delays in processing your claim.
This is why having an experienced attorney can help you negotiate with an insurance company that may not have your best interests in mind.
What If the Out-of-State Driver is Uninsured or Underinsured?
If the other driver doesn’t have enough insurance to cover your damages, your Uninsured/Underinsured Motorist (UM/UIM) coverage can help. In California, UM/UIM coverage is not mandatory but highly recommended.
- Uninsured Motorist (UM) Coverage: Helps if the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage: Kicks in when the at-fault driver’s insurance isn’t enough to cover your expenses.
If you don’t have UM/UIM coverage, you may have to file a lawsuit to recover damages from the at-fault driver personally.
How Liability is Determined in California
California follows a pure comparative negligence rule, meaning that each driver is responsible for their percentage of fault. For example:
- If you are 20% at fault, and your damages are $50,000, you can still recover 80% ($40,000).
- If you are 50% at fault, you can still recover half of your damages.
An experienced personal injury attorney can help ensure you are not unfairly assigned more fault than necessary.
What If You Need to File a Lawsuit?
If the insurance claim process does not fully cover your damages, you may need to file a lawsuit against the at-fault driver. Since the accident occurred in California, the case will typically be handled in a California court. An attorney can help by:
- Filing all necessary legal documents.
- Negotiating settlements with the out-of-state driver’s insurance company.
- Representing you in court if necessary.
The statute of limitations for filing a car accident lawsuit in California is two years from the date of the accident for personal injury and three years for property damage.
Helpful Resource for Accident Victims
California Department of Motor Vehicles – To report accidents and check driving laws
Let Us Handle the Legal Complexities for You
Dealing with an accident involving an out-of-state driver can be overwhelming. Different insurance laws, potential lawsuits, and jurisdictional challenges make it difficult to navigate alone. At Shaumyan & Derbarseghian, LLP, we specialize in handling personal injury claims, ensuring that you get the compensation you deserve.Don’t let insurance companies take advantage of you. Contact us today for a free consultation and let us fight for your rights.
