If you’re involved in an accident – whether it’s a car, truck, motorcycle, or any other kind of vehicle crash – while you’re traveling out of state, follow the same protocol as you would in your home state. The process generally involves:
- Calling law enforcement
- Getting medical assistance
- Swapping contact information
- Contacting your insurer
- Considering getting legal representation
The only thing that may be different is filing a claim, as your case would be subject to the state’s insurance laws and statute of limitations.
Steps to Take After You’ve Been Involved in an Out-of-State Accident
Within the moments after an out-of-state accident, act as you would following one in your own state:
Call Law Enforcement
Whether you were in a minor or severe crash or have mild or severe injuries, it’s in your best interest to call law enforcement.
When the officer arrives, they will write up a report that dictates their understanding of the crash. This report will serve as great evidence when you file your claim.
Document the Scene of the Accident
If you’re able, take photos and/or videos of:
- The crash scene
- Your injuries
- The road conditions
- Different angles of the damaged vehicles
You can include this documentation in your evidence file when you submit your case.
Get Medical Help
Dial 9-1-1 after the crash. When the ambulance arrives, accept their help and have them take you to the hospital. If no one called emergency services, go to the hospital or your primary care doctor as soon as possible.
Obtaining medical attention will allow the physician to treat you and diagnose any injuries that have yet to show symptoms. Obtain documentation of your doctor’s visit, as it will also show the connection between the accident and your injuries.
Exchange Contact Information with the Other Driver and Witnesses
When you approach the other driver, remain calm and don’t discuss fault. Doing so could hurt you later on when you are negotiating a settlement. Your encounter with them should be short and sweet. Just exchange the following information with them:
- Name, e-mail, and phone number
- Insurance company information
- License plate number
- Driver’s license number
- Make and model of the vehicles involved in the crash
If anyone witnessed the crash, take down their name and phone number. If you can, write down or record a statement about their perspective of how the accident transpired. Otherwise, a legal representative can call and interview them.
Contact Your Insurance Company and Notify Them About the Accident
Whenever you’re in an accident, you must contact your insurer – even if you’re not going to file a claim with them. Like with the other driver, don’t talk about how the accident happened or who is at fault. Give them basic information, like:
- The location of the crash
- The other driver’s identity and contact
- The other driver’s insurance information
Call your insurance company as soon as you can after the crash. They can tell you how to move forward with the claims process.
Consider Getting Legal Assistance
You could manage your accident claim pro se (alone) but you may want to consider retaining a personal injury law firm’s services instead. These lawyers are familiar with accident cases, claims processes, and legal language. They can deal with all aspects of your accident case while you focus on resting and healing from your injuries.
On your behalf, a personal injury lawyer may:
- Study relevant ordinances and state laws
- Go over your medical history and consult your doctor(s)
- Gather photographs, the police report, traffic camera footage, and other documentation
- Interview those who witnessed the crash
- Identify the at-fault and/or liable party
- Calculate your damages
- Talk to insurance companies and negotiate a fair payout with them
- Advocate for you in a trial if they settle with the insurer
Many personal injury lawyers don’t charge upfront or hourly fees or retainers to represent you, as they work on a contingency-fee basis. Their payment is “contingent” on the success of your case, so they don’t get paid unless you do. This fee structure can greatly reduce the financial pressure you experience in the aftermath of a traffic accident.
For a free legal consultation, call 317-636-7777
The Biggest Difference Between Getting in an Accident in Your Home State vs. Another
If you are involved in an accident while traveling out of state, you will be subject to that state’s laws and deadlines instead of the state where your car is insured.
Indiana is a fault state. Therefore, you must abide by its fault insurance system if you are from out of state and get in an accident here. That is, you will seek damages from the other party’s insurance company.
If you are an Indiana resident and get involved in an accident elsewhere, you will file your insurance claim within said state legal system. If the crash occurred in a no-fault state, your insurance would pay your damages. You can file a case against the other party if your accident related-expenses exceed your policy limits.
Complying with the State’s Statute of Limitations
Every state enforces a mandatory deadline by which injury victims must file a personal injury lawsuit. According to IC § 34-11-2-4, you usually have two years to bring your case against the liable party. If you were in an accident in another state, you must comply with its statute of limitations.
Waiting too long could put your right to damages in jeopardy. If you get a lawyer involved in your case soon enough, they can help you determine how much time you have to file your lawsuit and ensure that you submit all paperwork before the deadline.
Allow Sevenish Law Firm, P.C., to Manage Your Accident Case
Traffic accidents are anxiety-inducing enough, but getting involved in one while traveling out of state can make matters worse. Save yourself the stress, and have Sevenish Law Firm, P.C., handle your case for you.
We won’t take any attorney’s fees until we resolve your case. Get in touch with us today at (317) 636-7777. The first call costs you nothing.
Call or text 317-636-7777 or complete a Free Case Evaluation form
