The last thing you want to happen on a road trip outside of Arizona is to get into a car accident. Aside from the injuries that could result and the inconvenience of the whole situation, you may not know how to file an insurance claim or lawsuit. Is the situation governed by the laws of Arizona or the laws of the state where the accident occurred?
It is important to be prepared for this type of situation before traveling out of state. That way, you’ll know what steps to take and how to protect the value of your claim. Too often, insurance companies and at-fault parties settle claims with victims for far less than they may be worth. Victims are unsure of what to do and are desperate for compensation.
At Phillips Law Group, we have helped victims of a wide variety of car accidents seek compensation for their damages. We are well versed in the relevant laws and what it takes to build a strong case for compensation. Call today to schedule a free initial consultation with a Phoenix car accident attorney.
Am I still covered by my own auto insurance?
You are likely still covered by your auto insurance. Generally, auto insurance policies apply in all 50 states and may even apply in some parts of Canada. That means if you are partially at fault, your liability coverage should still apply to the other driver’s damages.
If your liability coverage is less than the minimum amount required in the state where the accident occurred, your coverage should automatically increase to the minimum amount in that state.
Can I still file a claim against the other driver?
Most US states have a fault-based system for assigning financial responsibility for a car accident. That means the at-fault driver is liable for the damages caused by the accident. Arizona takes this approach with auto accident claims.
However, there are other states that use a no-fault system. In these states, victims first seek compensation from their own insurance policies. If they exhaust coverage, they may be able to get compensation from the at-fault driver’s insurance policy.
It is important to explain this because if you have an accident in a no-fault state, your claim may proceed differently than it would if the accident happened in a no-fault state. Typically, your insurance policy would provide you with the minimum Personal Injury Protection (PIP) coverage required in the state.
For example, if you were involved in an accident in Utah, your insurance policy would likely provide $3,000 in personal injury protection coverage. This is the minimum amount required in the state. PIP pays for your medical expenses after a car accident.
Other NO-FAULT states are:
- Florida
- Michigan
- New Jersey
- New York
- Pennsylvania
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Minnesota
- North Dakota
Can You File an Out-of-State Accident Lawsuit?
The laws of the state where the accident occurred are the laws that apply to the accident. This includes the statute of limitations for filing a lawsuit and contributory negligence laws.
That means if you were involved in an accident in Utah, you would have four years from the date of the accident to file a lawsuit. In Arizona, the statute of limitations is only two years from the date of the accident.
Utah also has a modified comparative negligence system, which means you cannot recover any compensation if you are 50 percent or more at fault for the accident. If you are less than 50 percent at fault, your award will be reduced by your percentage of fault. This is unlike Arizona, where you can be more than 50 percent at fault and still recover compensation.
The general rule is that you can file a lawsuit in the state where the accident occurred or in the state where the defendant resides, although this may be a different place than where the accident occurred.
Steps to Take After an Out-of-State Car Accident
No matter where an accident occurs, you should always call the police so a report can be filed. You may not be familiar with the laws of the state where the accident occurred, which is fine. However, this is why you should seriously consider speaking to an experienced attorney about the situation. Unlike the insurance company, your attorney will focus on your best interests.
Whenever possible, take pictures of the scene and write down what you remember about the accident before you forget about it. Ask witnesses for their contact information so your attorney can contact them at a later date.
Do you need help after a car accident? Call Phillips Law Group
There is no risk in contacting an attorney at our firm after a car accident. We do not charge any upfront fees for our services and the initial meeting with one of our attorneys is free.
It is also important to note that accident victims who obtain legal representation often recover more compensation compared to those who do not. Insurance companies also tend to take claims more seriously when they are made by licensed attorneys.
