What Happens If You Are Involved in an Out-of-State Car Accident?

Getting into a car accident is stressful enough. When it happens while you’re traveling or visiting another state, the confusion can multiply fast. Different laws. Different insurance rules. Different courts. And suddenly, you’re trying to make the right decisions while injured, shaken, and far from home.

Out-of-state accidents often leave people feeling stuck and unsure of what to do next. The good news is that there are clear steps you can take to protect your health and your legal rights, no matter where the crash happened.

Below, we walk through what to do after an out-of-state car accident, how insurance and state laws apply, and when it makes sense to involve a lawyer.

Immediate Steps After an Out-of-State Car Accident

When a crash happens away from home, timing and documentation matter even more.

1. Call 911 and report the accident, even if it seems minor. A police report creates an independent record of what happened and is often critical when claims cross state lines.
2. Get medical care in any case. But if you’re injured, seek medical attention as soon as possible. Adrenaline can mask symptoms, and delaying treatment can make injuries worse and raise questions later. You can begin treatment in the state where the accident occurred and continue follow-up care after you return home. The key is not waiting.
3. If you’re able, document the accident scene:
   • Take photos of vehicle damage, the roadway, and conditions
   • Exchange insurance and contact information
   • Get witness names and contact details
4. Avoid admitting fault or speculating about the cause of the crash. Insurance companies often use early statements to shift blame or limit payouts.

Even if you handle everything correctly at the scene, one major question remains: which state’s rules apply to your claim?

Which State’s Laws Apply After an Out-of-State Crash?

One of the biggest questions we hear is: Which state’s law controls my case?

In most situations, the laws of the state where the accident happened will apply. In other words, jurisdiction over an out-of-state car accident is typically determined by the state where the crash occurred. That includes rules on fault, insurance requirements, and what compensation may be available.

In some cases, you may have options about where a lawsuit can be filed. Depending on the circumstances, a claim may be brought:

• In the state where the accident occurred
• In the state where the at-fault driver lives

The next question most drivers ask is: how does my insurance actually work when the accident happens somewhere else?

How Insurance Coverage Works Across State Lines

There’s no such thing as “out-of-state car insurance.” In most cases, your auto insurance policy follows you wherever you drive in the United States.

After an out-of-state crash, you should notify your insurance provider promptly. The insurer may assign an adjuster from the state where the accident happened or from your home state.

The key thing to understand is that when an accident happens across state lines, the legal system that governs fault, compensation, and deadlines may be different from what you’re used to at home.

No-Fault vs. At-Fault States in Car Accident Cases

Car accident laws aren’t the same in every state. One of the biggest differences is whether the state follows a no-fault system or an at-fault (tort) system. This distinction affects how medical bills are paid, who you file a claim against, and whether you can pursue compensation beyond basic expenses.

No-Fault States

In no-fault states, drivers typically use their own insurance first after a car accident, regardless of who caused the crash. These states usually require Personal Injury Protection (PIP) coverage.

In a no-fault car accident:

• Your own insurance pays initial medical expenses
• Lost wages may be partially covered
• Claims move faster for basic costs
• Lawsuits against the other driver are limited unless injuries are serious

No-fault states include Florida, New York, New Jersey, Michigan, Pennsylvania, Minnesota, Utah, Massachusetts, Kansas, Kentucky, Hawaii, and North Dakota. Each state has its own rules, thresholds, and coverage requirements.

At-Fault States

Most states follow an at-fault system. In these states, the driver who caused the accident is responsible for the resulting injuries and damage.

In an at-fault car accident:

• You file a claim against the negligent driver’s insurance
• Fault must be proven to recover compensation
• Lawsuits are more common and not restricted by injury thresholds

Compensation in at-fault states may include medical bills, lost income, pain and suffering, and other accident-related losses.

Category	No-Fault State	At-Fault State
Who pays medical bills first?	Your own insurance (PIP)	At-fault driver’s insurance
Fault required to get benefits?	No	Yes
Can you sue the other driver?	Only if injuries meet legal thresholds	Yes, if the other driver was negligent
Pain and suffering available?	Limited or restricted	Commonly recoverable
Typical claim path	Insurance claim first, lawsuit second	Liability claim and potential lawsuit

As we’ve mentioned earlier, when a car accident happens outside your home state, the law of the state where the crash occurred usually applies. And based on the state legal system, for you in practice, that can mean:

• A no-fault driver suddenly has the right to pursue a liability claim
• An at-fault state driver must rely on PIP coverage first
• Different deadlines, fault rules, and compensation limits apply

This is why car accident cases in another state often feel more complicated than local crashes. The system you’re used to may not apply at all.

Besides that, not every state treats shared blame the same way. Once liability is being evaluated, the next question becomes: how much does your percentage of fault affect your ability to recover compensation?

Types of Fault Systems Used by States

When fault is disputed after a car accident, states apply different legal standards to decide whether an injured person can recover compensation and how much. These systems fall into three main categories.

Pure Comparative Negligence States

In pure comparative negligence states, you can recover compensation no matter how much fault you share, even if you were mostly responsible for the crash. Your recovery is simply reduced by your percentage of fault.

For example, if you are found 70% at fault, you may still recover 30% of your damages.

These states are generally more forgiving to injured drivers, especially in accidents where fault is heavily contested.

Pure comparative negligence states include California, New York, Florida, Arizona, Louisiana, Mississippi, Missouri, New Mexico, Rhode Island, Washington.

Modified Comparative Negligence States

Most states follow a modified comparative negligence system. Under this approach, you can recover compensation only if your share of fault stays below a specific threshold.

Common thresholds include:

• 50% rule: You cannot recover if you are 50% or more at fault
• 51% rule: You cannot recover if you are more than 50% at fault

Once you cross the threshold, your claim may be barred entirely, even if the other driver was also negligent.

States that follow modified comparative negligence include Texas (51% rule), Georgia (50% rule), Tennessee (50% rule), Colorado, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Utah, Wisconsin, and Wyoming.

Because the cutoff matters so much, even a small shift in fault percentage can decide whether a claim survives.

Contributory Negligence States

A small number of states still apply contributory negligence, the strictest and least forgiving fault system. Under contributory negligence, if you are found even 1% at fault, you may be barred from recovering compensation

These states leave almost no margin for error, which makes evidence collection and legal strategy especially important from day one. Contributory negligence states include Alabama, Maryland, North Carolina, Virginia, Washington, D.C.

Regardless of how liability is ultimately decided, injured drivers often need treatment immediately. That raises a practical question: which insurance pays first?

How PIP and Health Insurance May Work Together

If the accident happens in a no-fault state, your policy may include Personal Injury Protection (PIP) coverage. PIP is designed to pay initial medical expenses and limited lost wages, regardless of who caused the accident.
However, PIP coverage is not unlimited. Once PIP benefits are exhausted, health insurance often becomes the primary source for ongoing medical care. Depending on your health plan, deductibles, copays, and out-of-pocket costs may still apply.

In at-fault states, PIP may not apply at all, and medical bills are often handled through health insurance first while liability is being investigated.

Because these rules vary by state and policy, it’s important not to assume that auto insurance alone will cover all medical expenses after an out-of-state crash.

Out-of-Pocket Expenses: What Insurance Usually Won’t Cover

After a car crash in another state, many people are surprised to learn that insurance doesn’t automatically cover every expense caused by the crash. Even when another driver is clearly at fault, certain costs often fall into a gray area or aren’t covered at all under standard auto policies.

Understanding this early can help you avoid frustration and plan your next steps. But medical bills are only part of the financial impact. Many drivers are surprised to learn that everyday expenses tied to the accident may not be covered at all.

Common Out-of-Pocket Expenses That Often Aren’t Covered

Auto insurance is designed to address vehicle damage and injuries first. Many everyday expenses caused by an out-of-state accident are treated as incidental or personal costs, including:

• Hotels and meals while waiting for repairs or transportation
• Travel costs, such as flights, fuel, rideshares, or long-distance trips to retrieve a vehicle
• Cleaning or replacement of personal items, including clothing damaged by airbags or debris
• Lost income, especially for self-employed drivers or business owners who miss work

These expenses can add up quickly, particularly when a crash happens far from home.

While your own insurance policy may not cover these expenses directly, there are situations where reimbursement is possible.

Through the At-Fault Driver’s Liability Coverage

If another driver caused the accident, some out-of-pocket expenses may be recoverable as part of a broader liability claim. Insurance companies often scrutinize these costs closely, and reimbursement is not automatic. Documentation and persistence matter.

As Part of a Personal Injury Claim

When injuries are involved, certain out-of-pocket expenses may be included as part of a personal injury claim, especially if they are directly tied to medical care, recovery, or the inability to work.

Through Negotiation or Small Claims Court

In some situations, particularly when costs are modest, drivers choose to seek reimbursement through direct negotiation with the at-fault driver’s insurer or, if necessary, small claims court. This approach depends on the amount involved and the specific circumstances of the accident.

Insurance companies tend to draw a hard line between covered losses and inconvenience-related expenses. Even reasonable costs can be challenged, delayed, or denied unless they are clearly supported by receipts, records, and a strong connection to the accident.

This is especially common in out-of-state crashes, where logistics are more complicated, and insurers may argue that travel-related costs were avoidable.

Keep receipts for every expense, even if you’re unsure whether it will be reimbursed. Transportation, lodging, rental upgrades, and lost work time should all be documented. While reimbursement is never guaranteed, having a clear paper trail puts you in a stronger position if recovery becomes possible later.

Rental Cars After an Out-of-State Crash: What’s Actually Covered

Rental cars are one of the most misunderstood parts of an out-of-state car accident. Many drivers assume a rental will be covered automatically, only to discover later that coverage is limited or doesn’t exist at all.
Rental car coverage is not standard in most auto insurance policies, and must be added separately. If you don’t have rental coverage listed on your policy declarations page, your insurer may not pay for a rental, even if the accident wasn’t your fault.

When rental coverage exists, it almost always includes a daily limit and a maximum total amount or number of days.

Once those limits are reached, any additional rental costs usually come out of pocket, especially if repairs are delayed or the vehicle is totaled.

If you book a rental yourself, reimbursement is not guaranteed. Rentals arranged through the insurance company are more likely to qualify for discounted rates and stay within coverage limits.

If you rent a vehicle before speaking with an adjuster, keep all receipts and confirm coverage as soon as possible.

In more serious cases, however, reimbursement discussions go beyond receipts and negotiations. When injuries are significant, a formal legal claim may become necessary.

Can You File a Lawsuit After an Out-of-State Accident?

If your injuries are serious, you might file a personal injury lawsuit to get the full compensation. The ability to sue, and the deadline for doing so, depends on the laws of the state involved.

Every state has its own statute of limitations, and some deadlines are shorter than people expect. Missing a deadline can permanently bar a claim, even if liability seems clear.

Because these rules vary, it’s important to get guidance before assuming you have plenty of time.

Where Should You Hire a Lawyer?

If the accident wasn’t your fault, you may wonder whether to hire a lawyer from your home state or the state where the crash happened.

In most cases, the accident attorney handling your insurance claim must be licensed in the state where the accident occurred. That’s because local attorneys understand the state’s laws, court systems, and insurance practices. Firms that handle cases across multiple states can often coordinate care and communication more easily, especially when clients return home while the case continues.

Common Mistakes After an Out-of-State Car Accident

We regularly see people hurt their own cases without realizing it. Some of the most common mistakes include:

• Delaying medical treatment
• Assuming home-state laws apply automatically
• Giving recorded statements to insurers too early
• Signing releases before understanding the full impact of injuries
• Hiring a lawyer who isn’t licensed in the state where the accident occurred

Out-of-state claims involve extra layers. Small missteps can have outsized consequences.

We Help Clients Injured Far From Home

Being injured in a car accident in another state, far from home, can leave you feeling overwhelmed, especially when you’re trying to recover and get back to normal life. You shouldn’t have to figure out different laws and insurance systems on your own.

At Steinger, Greene & Feiner, we’ve represented tens of thousands of injury victims and handle cases involving accidents across state lines. With offices throughout Florida, Texas, Tennessee, including in West Palm Beach, Miami, Fort Lauderdale, Tampa, Port St. Lucie, Fort Myers, Nashville, Houston, and beyond, our team understands how state laws differ and how those differences can affect your claim.

We help clients evaluate their options, deal with insurance companies, and pursue fair compensation while they focus on healing.

If you were injured in a car accident outside your home state, we’re here to talk through your situation and help you make informed decisions. Contact us for a free consultation. There’s no obligation, just clear guidance when you need it most.