What Happens If You’re Injured in a Car Accident in Another State?

If you have an accident while out-of-state, you need to speak with an experienced Delaware car accident lawyer. You do have rights, but out-of-state car accident cases are complex for many different reasons. Call Silverman, McDonald & Friedman in Wilmington, Newark, or Seaford for help. We’ll explain how to prove liability, how insurance issues are handled, and what damages you can claim – in an out-of-state car accident case.

Delaware drivers travel to other states for a variety of reasons including work, family, friends, and tourism. If an accident happens in Pennsylvania, Maryland, New Jersey, or any other state, there are many issues that may be different than if the accident happened in Delaware.

How your insurance claim works

Generally, your Delaware insurance policy protects you if you caused the accident. Likewise, if you need to file a UM/UIM claim because the responsible drivers weren’t insured or didn’t have enough insurance, your insurance policy should pay the UM/UIM damages. When another driver caused your accident, his/her insurance policy should pay your bodily injury and property damages. A lot depends on exactly what type of insurance everyone in the accident has.

Where do you file a lawsuit?

Normally, you must file your legal claim in the state where the accident occurred, or where the responsible parties resided. There are many different possibilities. Here are a few possibilities if, for example, the accident happens in Pennsylvania:

• The driver of the car that struck you also resides in Delaware. You’re in luck. You can file the claim in Delaware or in Pennsylvania.
• The driver of the car that hit you resides in Pennsylvania. The lawsuit is filed in Pennsylvania.
• The driver was working for a business such as a trucking company when the accident happened . You can file the claim where the accident happened (Pennsylvania), the state where the driver lived, the state where the trucking company is headquartered, or the state where the trucking company does business.

Can you file in federal court for an out-of-state crash?

Most car accident cases are heard in state courts. However, if, for example, you live in Delaware and the driver who struck you lives in Pennsylvania, then you may be able to file your claim in Pennsylvania federal (or state) court. In order to file in federal court, your case must be worth more than $75,000.

What laws govern liability and damages?

Generally, the laws of the state where the accident happened control the progress of the case. A key legal issue is whether the state is a no-fault state. In no-fault states, injury victims normally collect from their own insurance company for their medical bills – and can only file a lawsuit if they meet certain conditions (such as having bodily injury insurance or when the accident is considered a “serious” accident). Delaware is not a no-fault state. Pennsylvania and New Jersey are no-fault states. Your Delaware car accident lawyer can explain what happens in this situation. It’s complicated. We’ll explain your rights.

What are the practical issues in out-of-state cases?

If your accident happens in another state, we may handle the case on our own. We may also work with lawyers in the state where the accident occurred. The accident site will need to be investigated. The cars will also need to be examined.

Much of the negotiation about the case can be done through the phone and the Internet. If the case is filed in another state, you may need to travel to the other state – for the trial, for oral discovery, and for any court hearings.

At Silverman, McDonald & Friedman, our experienced Delaware car accidents are strong advocates. We’ll guide you through each phase of the litigation process – even if your accident happens in another state. To understand your rights, and to speak to a respected car accident lawyer, please call us at 302.314.2319 or use our contact form to discuss your case with our attorneys in Wilmington, Newark, and Seaford.