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

Whether travelers are staying relatively close to home, visiting hot spots like Nashville or Chicago, or traveling further to the east or west coast, an accident can happen at any time. Like most states, Missouri is a tort state, meaning the insurance company of the at-fault driver will pay out expenses related to the accident.

What happens if an accident happens outside of Missouri may depend on what state the car accident occurred in. Maryland, for instance, is also a tort state, so the insurance process would follow the same procedures as in Missouri. However, if the accident happened in Kansas—a no-fault state—the process may work slightly differently.

Is the Driver Required to Contact the Police?

After ensuring that no one was hurt and that everyone involved received necessary medical attention, the next step to take after a car accident out-of-state is to contact the police. Some states have laws stating that the drivers must always call police after an accident, whereas some only require it if there are a certain amount of injuries and damages. To keep all parties involved safe and ensure no one is breaking the law, it is best to contact the police and let them know about the accident. They may not visit the scene, but they will still file a report which can also be helpful later on.

Insurance Company Involvement

Once the individual notifies the police, it is then important for all parties to contact their insurance company. They will need to know the details of the accident and will likely send a claims adjustor to the scene as soon as possible. However, this does not
mean that those involved in the accident must remain at the scene, although they may have to tell the adjuster where the
car is if it needs repairs.

While speaking to the insurance company it is important to ask them what the insurance policy covers in regards to car accident
out-of-state towing, repairs, and car rentals. Some policies will cover a partial portion of these expenses, and some will cover all. It will greatly depend on the individual policy.

The police in the state and the insurance company will be the greatest sources of information after a car accident out-of-state. When there are significant injuries to the out-of-state individual, they may also wish to file a lawsuit against the negligent driver. They will also have to do this in the state where the accident occurred.

Risks of Admitting Possible Guilt or Fault

No matter where the accident happened, or whether or not someone wants to file a personal injury claim, it is important
that drivers do not take blame in an accident. It is natural to want to apologize after an accident, but this can be considered an admission of guilt. To avoid both civil and criminal self-incrimination, an individual should never say anything to this effect until the police and insurance adjustors investigated the scene and identified the culpable driver.

What are the Laws of the State Where the Accident Happened?

When you’re involved in a car accident out of state, you must first understand the laws of the state where the accident occurred. Each state has its own set of laws regarding fault and liability for collisions and auto insurance, and knowing these laws can greatly impact how you seek compensation for your injuries and damages.

In some states, they follow a no-fault system, which means that each driver’s insurance company is responsible for covering their own medical expenses and damages, regardless of who caused the accident. In other states, they follow a fault-based system, where the at-fault driver is responsible for covering the damages of the other party.

Knowing whether the state where the accident occurred is a no-fault or fault-based state will determine your options for pursuing a claim. If you were injured in a no-fault state, you need to first file a claim with your own insurance company under your personal injury protection (PIP) coverage. However, if the accident occurred in a fault-based state, you can immediately hold the at-fault driver accountable and seek compensation through their insurance company.

A car accident attorney will know the laws of a particular state, including no-fault vs. fault-based, and how you can seek compensation.

Damages You Can Obtain in an Out-of-State Car Accident

You may be entitled to compensation if you’re injured in an accident caused by someone else’s fault. The damages you can obtain after a car crash depend on its unique circumstances and the applicable losses.

Here are some of the possible damages you can obtain:

Medical Expenses

Recovery from a physical injury involves a comprehensive treatment plan. Medical expenses comprise a large percentage of a car accident settlement value.

Medical expense damages should cover the following costs and more:

• Emergency room costs
• Hospitalization
• Physicians bills
• Surgical expenses
• Diagnostic tests
• Medication
• Medical equipment

Lost Income

You’re entitled to compensation for past and future lost earnings due to an accident or injury. If an injury keeps you out of work for a specific period, you are entitled to salary, tips, bonuses and overtime you could have earned.

Further, you are also entitled to loss of earning capacity if you resume work but on reduced capacity.

Out-of-Pocket Expenses

You’re also entitled to a reimbursement of other expenses related to the injury, including:

• Travel expenses to and from medical expenses
• Assistance with child care and household chores
• Modification of your home because of permanent disability
• Travel expenses to and from medical appointments
• Unique medical supplies and equipment

Non-economic Damages

Non-economic damages reimburse injured victims for the intangible losses they suffer from the accident. Although there is no direct dollar value for non-economic damages, insurers use various methods, such as the multiplier or per diem, to arrive at an estimate.

Examples of non-economic damages include:

• Pain and suffering
• Loss of consortium
• Emotional anguish
• Loss of enjoyment of life
• Permanent disfigurement

Punitive Damages

You may be entitled to punitive damages, also called exemplary damages, in a car accident settlement. A court or jury can award you punitive damages to punish the defendant for serious misconduct.

Punitive damages also deter the defendant and other individuals from engaging in similar misconduct that caused the injury.

How a Car Accident Attorney Can Help

After a car accident, you may be struggling with physical injuries, medical bills and worsening mental health. You may also have questions on the best way to move forward. Working with a car accident attorney can provide peace of mind and a strategy to protect your rights.

Therefore, you should hire an experienced car accident attorney immediately after sustaining an injury in a car crash.

The benefits of working with a car accident attorney include the following:

• Handling Insurance Companies: An attorney will communicate actively with the insurance company. Further, they will evaluate the merits of offers and negotiate for a fair settlement value that matches your losses.
• Avoid Settling Too Soon: An insurer may quickly table a settlement offer after receiving your personal injury claim. An attorney can advise on the right offer to avoid leaving money on the table
• Demonstrate the Extent of Your Injury: You must prove the extent of your injury to obtain a settlement value that covers your losses. An attorney can compile various sources of evidence, such as medical records and pay stubs, to demonstrate the impact of the injury.

Consult a St. Louis Car Accident Lawyer

Whether your accident was out-of-state or in the St. Louis metro area, you need the right legal guidance from a car accident attorney at Burger Law. Contact us today to learn more for free.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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