Steps to Take If an At-Fault Driver Is From Out of State
A car accident is never easy to deal with. It can leave you shaken, injured, and unsure of what to do next. When the driver who caused the accident is from another state, things can become even more complicated. Different state laws, insurance requirements, and court procedures can all affect how your claim proceeds. These differences can impact your ability to recover damages and navigate the legal process.
At Hipskind & McAninch, LLC, we understand how overwhelming this situation can be. Our Belleville-based law firm has experience helping clients who were injured in accidents involving out-of-state drivers. We know how to handle these cases and guide you through each step. Knowing the right actions for out-of-state at-fault accidents is essential. We’ll walk you through the steps to take so you can protect your rights and build a strong case from the start.
Understand How Jurisdiction Works In an Out-of-State Accident
When a car accident occurs in Illinois, the laws of Illinois usually apply. Even if the other driver lives in another state, the accident is governed by the state where it happened. That means Illinois rules about fault, damages, and deadlines will control the case.
For example, Illinois follows modified comparative negligence laws, which are different from laws in a pure contributory negligence state. In Illinois, if you’re more than 50% responsible for the accident, you cannot recover damages. If you’re less than 50% at fault, your compensation may be reduced based on your share of the blame.
It’s also important to know which court has jurisdiction. In most cases, the court in the county where the accident happened will handle the claim. This is an important consideration because court procedures can vary from state to state.
Having an attorney who understands local laws and knows how to file in Illinois courts is essential. At Hipskind & McAninch, LLC, we’re familiar with the court system in Belleville and throughout southern Illinois. We make sure your case is filed properly and on time.
Know How Insurance Coverage Applies Across State Lines
Insurance coverage can be confusing when the at-fault driver is from another state. In general, liability insurance follows the driver, not the vehicle’s home state. Most insurance policies provide coverage for accidents that happen in other states. However, the limits of the insurance policy may be different depending on the driver’s home state.
Illinois requires minimum liability coverage of $25,000 for one person, $50,000 per accident for bodily injury, and $20,000 for property damage. If the other driver’s insurance policy has lower limits, it may not be enough to cover your losses. In that case, your own insurance company may help through uninsured or underinsured motorist coverage.
This coverage is required in Illinois and can be very helpful when the other driver’s insurance isn’t enough. Understanding how insurance policies work across state lines is important. We review all available coverage to make sure our clients receive the compensation they need.
Take Immediate Steps at the Scene
What you do right after the accident can make a big difference. One of the first things you need to do is call the police. A police report provides an official record of the accident and can be used as evidence later. Make sure the officer notes that the other driver is from out of state.
Exchange information with the other driver. Get their driver’s license, registration, and insurance details. Confirm their out-of-state address. Take photos of the vehicles, license plates, and the accident scene from different angles. These photos help show how the accident happened and the extent of the damage.
If there are witnesses, ask for their names and contact information. Their statements can support your version of events. Even if you don’t feel hurt right away, seek medical attention. Some injuries take time to appear, and early documentation helps your case.
Notify Your Insurance Company Promptly
Let your insurance company know about the accident as soon as possible. However, don’t admit ot being at fault or sharing unnecessary information. Quick reporting helps avoid disputes about coverage or fault. Provide your insurer with the other driver’s insurance details, including their out-of-state provider and policy number.
When speaking with your insurance company, stick to the facts. Don’t guess about who was at fault or how the accident happened. Speculation can be used against you later. We often help clients prepare their statements to make sure they’re clear and accurate.
Consult a Personal Injury Attorney Early
Any auto accident claims, but especially cross-state accident claims, can be difficult. That’s why you should talk to an experienced attorney early in the process. At Hipskind & McAninch, LLC, we offer personal attention to every client. We take the time to understand your situation and explain your options.
Our team handles communication with both in-state and out-of-state insurers. We protect your rights and work to get the maximum compensation available. Whether your case involves minor injuries or serious harm, we know how to build a strong personal injury claim and fight for what you deserve.
It’s best to let your attorney handle contact with the other driver and their insurance company. Saying the wrong thing or admitting fault can hurt your case. Insurers in other states may follow different procedures and timelines, which can cause confusion or delays.
We know how to navigate these differences. Our experience with cross-state claims allows us to move cases forward efficiently. We make sure all communication is handled properly and that your interests are protected throughout the process.
How Legal Representation Strengthens Your Car Accident Case
At Hipskind & McAninch, LLC, we know how to build strong cases. We use accident reconstruction, witness testimony, and medical records to show what happened and how it affected you. Our team has experience negotiating with insurers across state lines and understands how to handle complex insurance claims.
If settlement talks don’t lead to a fair offer, we’re prepared to file a personal injury lawsuit in Illinois courts. We know how to present your case effectively and fight for the compensation you need. Our track record includes successful outcomes in many cases, including those involving out-of-state drivers.
At Hipskind & McAninch, LLC, we help accident victims in Belleville and surrounding communities. We understand the challenges of cross-state claims and are here to guide you every step of the way. If you’ve been injured in a crash involving an out-of-state driver and want to pursue compensation, contact us for a free consultation.
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