You're on vacation or a business trip when another driver hits you. Now you're dealing with an accident hundreds of miles from home, in a state with different laws and procedures. Knowing how to handle an out-of-state accident protects your rights and your claim.

What to Do Immediately After an Out-of-State Accident

The basics are the same as any accident, but documentation is even more critical when you won't be staying in the area:

  • Call local police and get a copy of the accident report (or the report number)
  • Exchange information with all drivers involved
  • Take extensive photos of all vehicles, the scene, road conditions, and signage
  • Get contact information for all witnesses
  • Note the exact location (cross streets, mile markers, GPS coordinates)
  • Seek medical attention before leaving the area if injured

Don't leave the state without obtaining the police report or at least the case number and instructions for getting a copy.

Which State's Laws Apply?

Generally, the law of the state where the accident occurred governs your claim. This affects:

Fault and negligence standards:

  • Some states use pure comparative negligence (you can recover even if 99% at fault)
  • Others use modified comparative negligence (no recovery if you're 50% or 51%+ at fault)
  • A few states still use contributory negligence (no recovery if you're even 1% at fault)

Damage caps: Some states limit non-economic damages (pain and suffering)

No-fault vs. at-fault: If the accident occurred in a no-fault state, different rules apply to how you file claims and when you can sue

Statute of limitations: Deadlines vary significantly by state—from one year to six years for personal injury claims

Insurance Considerations

Your auto insurance generally covers you anywhere in the United States. However:

Your policy's coverage limits remain the same, but you must meet the accident state's minimum requirements if they're higher than your home state's.

The at-fault driver's insurance is based in their state and follows their policy terms. You'll deal with an insurance company that may be unfamiliar to you.

For no-fault state accidents: if you're from an at-fault state and get hit in a no-fault state, the rules about which coverage applies can be complex. Your PIP coverage (if you have it) or the other driver's no-fault coverage may come into play.

Filing Your Claim

You have options for where to pursue your claim:

  • File with your own insurance (collision coverage) and let them subrogate
  • File with the at-fault driver's insurance directly
  • Hire an attorney in the state where the accident occurred

For serious injuries, hiring a local attorney is often worthwhile. They know local laws, courts, and insurance company practices. Many personal injury attorneys work on contingency, so you don't pay upfront.

Practical Challenges of Out-of-State Accidents

Medical treatment: If you need ongoing care, you'll receive it at home. Make sure your records clearly link treatment to the out-of-state accident.

Vehicle repairs: You may need to get your car towed home or repaired in the accident state. Get multiple estimates and document everything.

Court appearances: If your case goes to litigation, hearings take place where the accident occurred. You may need to travel for depositions or trial.

Witnesses: Local witnesses may be hard to reach later. Get detailed contact information and written or recorded statements at the scene if possible.

Rental Cars and Out-of-State Accidents

If you were driving a rental car, additional considerations apply:

  • Did you purchase the rental company's damage waiver?
  • Does your personal auto insurance cover rentals?
  • Does your credit card offer rental car coverage?

Multiple policies may overlap—understand which coverage is primary before the accident happens.

Statute of Limitations Traps

The accident state's statute of limitations applies, not your home state's. This deadline can catch you off guard if you assume you have as much time as you would at home. Mark the deadline and don't wait to take action.

Conclusion

An out-of-state accident requires extra diligence in gathering evidence before you leave. Understand that the accident state's laws govern your claim, and deadlines may differ from what you're used to. For significant injuries, consult an attorney licensed where the accident occurred—they can navigate local laws and handle matters without requiring you to travel repeatedly.