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Whenever you drive, you face the risk of getting into an auto accident. However, recovering compensation after you’ve been hurt in an accident can be much more complicated when the crash occurs across state lines. Factors such as differences in state laws, varying insurance requirements, and logistical difficulties in pursuing legal claims can make recovery more challenging.
Jurisdiction and Statutes of Limitations
When you file an auto accident lawsuit to recover compensation from an at-fault driver, you must file suit with a court that has jurisdiction to hear the case. When an accident occurs across state lines, you may face complications related to personal jurisdiction, which is the legal right of a court to exercise its authority over a party in a lawsuit. The courts in the defendant’s home state will have personal jurisdiction over the defendant.
However, the state where the accident occurred may also have personal jurisdiction. That’s because the law considers the defendant to have “availed” themselves of the state’s law by driving on its roads. The state where the accident occurred is likely the most appropriate venue for filing the auto accident lawsuit.
The state where a plaintiff files their lawsuit and the applicable law for the case are important for other reasons. One of those is the statute of limitations, which imposes a deadline for filing an auto accident lawsuit. Each state has a different statute of limitations, so the location of the accident and the state in which the case is filed play a part in determining the deadline for filing a lawsuit.
Differences in State Laws
State laws also impose different rules, requirements, and liability for auto accidents. For example, some states operate a no-fault system for auto accidents. In a no-fault system, an injured person must first turn to their auto insurance for personal injury protection (PIP) coverage. They gain the right to sue an at-fault driver only after exhausting their PIP coverage or sustaining qualifying injuries. Conversely, states with fault-based systems allow accident victims to sue at-fault drivers immediately following a crash.
States also use contributory fault or comparative negligence systems for determining liability in auto accident cases. In states with contributory fault systems, an injured party may not sue if they bear any fault for the accident.
Conversely, states with comparative negligence systems do not automatically bar injured parties from filing suit if they share some of the fault for an accident. Pure comparative negligence states place no cap on the percentage of fault an injured party may bear for a crash. In contrast, modified comparative negligence states bar lawsuits when an injured party bears a percentage of fault crossing a specific threshold, usually 50 or 51 percent.
Insurance Complications
Auto insurance policies typically cover drivers anywhere in the U.S. when they drive outside their home state. However, each state has different auto insurance requirements for drivers. For example, some states may require:
- Personal injury protection coverage
- Bodily injury liability coverage
- Property damage liability coverage
- Uninsured/underinsured motorist coverage
Additionally, each state will require different minimum policy limits for required coverages. The state where you have an accident may have other insurance requirements than your home state.
Although auto insurance coverage should adapt to the laws of the state where you get into an accident, insurance companies may try to leverage differences in insurance requirements between states to minimize payouts.
Practical Challenges for Accident Victims
Some of the practical implications of pursuing compensation for an auto accident that happens in another state include:
- Coordinating medical treatment and billing in different states
- Hiring local counsel in another state to pursue a lawsuit
- Gathering evidence and witnesses from multiple states
- Traveling to a different state for court hearings, depositions, medical evaluations, and trials
Contact a Personal Injury Attorney Today
When you suffer injuries or vehicle damage in a crash in another state, you’ll face legal complications when pursuing compensation. Contact Chatham Gilder Howell Pittman PLLC today for a free, no-obligation consultation. You can talk with one of our motor vehicle accident lawyers about the potential challenges you may face if you’ve been in an auto accident in another state
