Injured in a Car Crash in Another State? Here’s How to Handle it
Whether you are traveling in your car to another state for business or pleasure, if you become injured in a car accident, would you know how to handle it? A car accident can be traumatic and painful regardless of where it happens. If you got into an auto accident in another state and received an injury, do you follow the laws of your home state of Delaware, or the state where the accident occurred? The answers are not always simple. There can be many factors that apply, including the question of which party caused the accident, where the accident took place, where the case was filed and in in which court. In many cases, you follow the laws of the state you were in when the accident took place, however, there are some exceptions. This is why it is helpful to engage the services of a Delaware personal injury attorney here at Silverman, McDonald & Friedman who can sort through all of the details and offer you sound advice.
Determining fault after an auto accident
If your accident occurs on an “at fault” state, the driver that caused the accident is the party responsible for the damages. However, as you might have guessed, there are some exceptions to this rule as well. If your accident occurred in a state that follows comparative fault rules or even no-fault rules, it can become quite complicated. Here is a brief breakdown of what these terms mean:
- Pure contributory negligence. This rule says that an injured party cannot recover damages if he or she is even one percent at fault in the accident.
- Pure comparative fault. The comparative fault rule apportions damages between negligent parties based on their proportional share of fault. So, the injured party’s role in causing the accident will be reduced by their percentage of fault.
- Modified comparative fault. Under the modified comparative fault rule, each party is responsible for damages in proportion to their percentage of fault until the point at which the injured party’s negligence reaches 50 percent. If the plaintiff is more than 51 percent at fault for the accident, then they will not be able to recover any damages. The state of Delaware follows the modified comparative negligence rule, as does New Jersey and Pennsylvania.
- Slight/Gross negligence comparative fault. Applying only in South Dakota, the fault of the plaintiff and the defendant is compared only if the plaintiff’s negligence is slight and the defendant’s negligence is gross.
Will my auto insurance cover an auto accident in another state?
The state where you live and where you purchase your car insurance will determine how your coverage applies in the event of an accident in another state. Your insurance policy most likely contains coverage for accidents that occur in another state. However, every policy is different. This is another topic with which your Delaware auto injury attorney will be able to help you interpret your coverage.
What to do after the accident
Regardless of where the accident takes place, your first priority will be to seek medical attention for any injuries you or the other people in the accident may have sustained. The first thing to do is to call the police and report the accident when there has been bodily injury and property damage. Call your insurance company and report the accident. Some insurance companies have an app that makes taking down the details of the accident, sending photos to the insurance company and reporting the accident very easy. Make sure to get the contact information from witnesses. Do not sign anything and do not admit any fault. Finally, contact a knowledgeable Delaware auto accident attorney from Silverman, McDonald & Friedman right away.
If you have been injured in an auto accident, the Delaware personal injury attorneys at Silverman McDonald & Friedman are ready to help you. We fight for the rights of our clients who have been injured by the negligence of another. You may call 302-888-2900, or fill out our contact form today to schedule a free consultation to discuss your case. We serve the three Delaware Counties of Newark, Kent and Sussex including Wilmington, Seaford and the Delaware Beaches.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.