Statistics show that most car accidents happen within 10 miles or less of your home. This phenomenon may be because we drive most often here and perhaps become more distracted and complacent about safe driving habits on familiar roads,
But if you’re away on a trip, you may also be prone to accidents due to overtired driving, getting lost, or looking up directions.
Here’s what you should do if you get into a car accident out of state and how to get the legal representation you need immediately.
Things to Do After Any Accident, Anywhere
Regardless of where your accident occurred, there are specific steps to take the best care of yourself, your vehicle, and any other parties involved.
Here’s a car accident checklist to remember so that you are prepared for whatever may happen on the road wherever you are:
- Don’t panic
- Don’t leave the scene
- Assess your injuries and those of anyone else in your car
- Move your vehicle to the side of the road if possible
- Call the police
- Exchange insurance information with the other driver(s)
- Don’t admit fault, even if you believe you are to blame
- Take photos and write down other information about the accident scene
- Collect contact information from any witnesses
- Contact your auto insurance company
- Contact an auto accident lawyer
Know State-Specific Laws
If you get into an accident in a different state, you will be held to the laws of the state where it happened – not where you reside. Basic traffic laws vary from state to state on some issues, such as texting and driving and whether a first-time DUI offense is a misdemeanor or a felony.
Meanwhile, some states legally require drivers to shift lanes or slow down when approaching emergency vehicles with flashing lights. If you are relocating to a different state, be mindful of laws dictating how soon you must get a new driver’s license for that state as a new resident.
Understand State-Specific No-Fault Laws
A no-fault auto insurance law means a driver must file a claim with their own insurance company after an accident, no matter who was to blame. Personal injury protection coverage is required on auto insurance policies in no-fault states.
No-fault laws aim to keep small claims out of court and help reduce auto insurance costs. However, drivers can sue negligent parties in the state where the accident occurred for their injuries, pain, and suffering.
Twelve states have no-fault auto insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah.
There are also three “choice no-fault” states (New Jersey, Pennsylvania, and Kentucky) where drivers can choose between a no-fault auto insurance or a traditional tort liability policy. In all other states, drivers have no lawsuit restrictions and can be sued by other drivers and their passengers for medical costs, pain, and suffering.
Legal Help for Out-of-State Accidents
Attorneys are licensed to practice in specific states, and it is generally advisable to hire an attorney licensed in the state where the accident happened. If you are an out-of-state resident who got into an accident in New York, please contact the Law Office of Jeffrey K. Kestenbaum for a free consultation.
If you are a New York resident involved in a crash somewhere else, you may also contact us at 718-237-5586, and we’ll help direct you to the resources you need. The sooner you talk to an attorney, the better to ensure that your statute of limitations to file a claim does not pass, leaving you without options to receive the compensation you deserve for damages.
