What If The At-Fault Driver Was From Out Of State During A Holiday?

Generally, out-of-state auto insurance policies must meet California’s minimum liability requirements when a crash happens here. However, coverage details may still depend on the policy terms.

Even travelers from out of state are required to carry liability insurance that complies with California law when driving in the state. Auto policies often follow the liability insurance requirement of the state where the accident occurs, not the driver’s home state.

It is advisable to take the following steps after the accident:

California sees a significant spike in travel during major holidays. As families and friends gather, roads become more congested, including with drivers from other states.

If an out-of-state driver causes a crash in California (including during holidays), you can seek compensation under California law. Its provisions typically govern insurance, reporting, and liability rules. When things get challenging in these types of claims, consider seeking free accident lawyer advice.

What If The At-Fault Driver Was From Out Of State During The Holidays?

When a traffic accident involves an out-of-state driver during the holidays, you can still pursue compensation through an insurance claim. However, this can pose issues. Insurers often handle a higher volume of claims between Thanksgiving and New Year’s. That can cause delays. Auto insurance policies also differ by state. In these circumstances, understanding how your claim works becomes especially important.

You Can Still Seek Compensation

You can still pursue compensation against the at-fault driver, even if they’re from another state. You can do this by filing:

• An insurance claim against the at-fault driver.
• A personal injury lawsuit.

In most cases, the law of the state where the accident occurred will apply. California is a fault-based state. That means the driver who caused the crash may be financially responsible for the resulting damages, regardless of where they are from.

Jurisdictional And Legal Issues That May Arise

The accident usually follows the laws of the state where it happened. However, some parts of the case may still raise jurisdictional or procedural issues:

• Insurance Coverage — States have different minimum insurance requirements. An out-of-state policy may carry lower limits than those required in California. Insurers typically adjust claims according to the laws of the state where the accident occurred. However, the out-of-state coverage of the at-fault driver may not always be applicable.
• Determining Liability — When an out-of-state driver is involved, figuring out liability can be more complex. However, the state where the accident occurred generally has jurisdiction over the matter. In this case, California’s traffic laws and liability rules would typically apply.

Thinking “I need a personal injury lawyer” is valid when it comes to these cases. They can help with claims involving out-of-state insurers. These usually require additional paperwork. They may also result in delayed responses or lead to disputes over coverage.

The Processing Of Your Case May Be More Complex

You may need to deal with an insurance company based in another state. Sometimes, that can add complexity to the claims process. For instance:

• Filing a lawsuit against an out-of-state driver might take longer. Delays can occur due to issues with service of process or coordinating discovery.
• Out-of-state drivers might leave California after an accident. However, courts typically still retain control over accidents that occur within the state.

If you get injured by an out-of-state driver, insurance coverage, jurisdiction, and timing can all affect how your claim proceeds. Car accident lawyers often review whether the at-fault driver’s policy provides nationwide coverage, which many policies do.

Seeking Compensation If The At-Fault Driver Was From Out Of State

You can still pursue damages even if the driver is from out of state. However, certain circumstances may change your options. Depending on the circumstances, you may seek the following:

• Medical Bills — Can include the costs of urgent care, hospital stays, physical therapy, chiropractic treatment, surgery, or prescription medications.
• Lost Income — Can provide reimbursement for lost wages due to time away from work. It can also cover reduced earning capacity caused by your injuries.
• Non-Economic Damages — Generally cover intangible losses, such as pain and suffering, emotional distress, and trauma.

If an at-fault driver is from out of state, these are your options for pursuing compensation:

Filing An Insurance Claim Against The At-Fault Driver

Most auto insurance policies provide nationwide coverage. If an accident occurs in California, the at-fault driver’s insurance policy is generally required to comply with the state DMV’s minimum liability insurance requirements. These apply even if the policy was issued in another state:

• $30,000 for bodily injury or death per person.
• $60,000 for total bodily injury or death per accident.
• $15,000 for property damage.

Nevertheless, an at-fault driver’s out-of-state insurance coverage may not always apply as expected. Coverage depends on the policy’s terms and how they align with California insurance requirements. Negotiations may be necessary to resolve coverage issues and pursue appropriate compensation.

Filing A Personal Injury Lawsuit

If insurance issues prevent a fair resolution, filing a lawsuit may be an option. Key considerations include:

• Negligence — You must establish negligence of the at-fault party. Doing so involves proving the following elements:
  • Duty of Care — The at-fault driver has a legal obligation to act with reasonable care to avoid causing you harm.
  • Breach of Duty — The at-fault driver failed to exercise reasonable care. For example, they may have been speeding, running a red light, or driving recklessly in other ways.
  • Causation — The breach of duty directly caused the accident.
  • Damages — You incurred losses as a result of the incident.
• Jurisdiction — You may ask, “Where should I file a car accident lawsuit against the out-of-state driver?” Generally, the court where the accident occurred has authority over the case. For instance, suppose a driver from another state causes a crash along the I-5 in Los Angeles. If you get injured, you can file a lawsuit in a Los Angeles County court.
• Statute of Limitations — In California, victims typically have two years from the date of the accident to file a claim. If you miss this legal timeframe, you generally lose your right to file a case. There are limited exceptions to the filing deadlines:
  • Out-of-State Defendants — If the defendant is out of state, it can be difficult to serve them with court papers properly. California law may allow for extensions or alternative methods of service. However, the deadline to file your claim does not automatically pause simply because the defendant is out of state. Your case can proceed once the defendant is served correctly.
  • Victims Under 18 — If the accident victim is a minor, the statute of limitations is generally paused until they turn 18. Afterward, they typically have two years to file a personal injury lawsuit.

Filing a civil lawsuit is usually more complex than filing an insurance claim. Accident lawyers often evaluate factors such as the total losses and the strength of the evidence. Based on their findings, they’ll explain whether you could pursue a lawsuit.

Filing An Insurance Claim With Your Own Policy

Sometimes the at-fault driver may be uninsured or underinsured. That can make it difficult to pursue compensation for your losses. In California, state law requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. Drivers can choose to waive this coverage in writing, but it is not mandatory. Having UM/UIM coverage can be very helpful if the at-fault driver doesn’t have enough insurance to fully cover your damages.

You can also use other insurance policies you may have. Even if the at-fault driver has insurance, the claims process can be time-consuming. That can become an issue if you have accident-related expenses that need to be paid immediately, such as hospital bills. Your insurance could help cover these costs while you’re processing the other claim.

How Out-of-State Drivers Affect Accident Claims During A Holiday

Thanksgiving, New Year’s Eve, and the Fourth of July are occasions for social gatherings and celebrations. St. Patrick’s Day, Memorial Day Weekend, Labor Day, and Halloween also attract large crowds, including both Californians and visitors from out of state.

However, these celebrations can increase the risk of accidents. A crash may thus involve tourists from other states. Some common causes of holiday collisions are:

• Impaired Driving — One of the most common holiday driving safety tips is to avoid drinking and driving. That’s because people are more likely to drink during celebrations, raising their risk of driving while impaired.
• Speeding — Drivers rushing to reach celebrations or destinations may exceed speed limits.
• Reckless Driving Behaviors — With the stress or rush of major holidays, aggressive driving, tailgating, and ignoring traffic laws can become more common.
• Distracted Driving — Phones, passengers, navigation, and holiday stress can all divert focus from the road.

Common Challenges In Holiday Crashes With Out-of-State Drivers

Here are some additional challenges if the accident occurred during a holiday:

• Possible Delays — During holidays such as Christmas, Thanksgiving, or Independence Day, insurance companies and courts typically have limited operations. Sometimes, they may even close for a few days. Claims processing, appointment scheduling, and answering your inquiries may all experience delays.
• Insurance Disputes — The insurance laws of the state where the accident occurred generally apply. However, potentially liable drivers may still dispute coverage. That could complicate and delay the claims process.
• Dealing With Out-of-State Insurers — Locating contact information for out-of-state insurance companies can be a challenge. You may also need to send documents, such as medical records and proof of losses, to the insurer. Problems can emerge if the insurer has specific requirements that victims are unfamiliar with.

How Legal Representation May Help

Accident lawyers can provide legal support in these situations by:

• Assessing Your Damages — An attorney can help identify and calculate these losses. They’ll work to prevent certain damages from being overlooked. That way, you can seek a settlement that fully reflects the accident’s impact on your life.
• Establishing Liability — If there are disputes regarding fault, they can gather additional evidence to support your claim.
• Handling Insurer Communications — Lawyers can communicate and negotiate with insurers on your behalf. They can help you address challenges that come with dealing with out-of-state insurers.
• Guiding Clients Through Litigation — If both parties fail to settle, your case may proceed to court. In these cases, attorneys can guide you through the complicated legal process.

Frequently Asked Questions About Car Accidents With Out-of-State Drivers

Below are some common legal questions victims ask after an accident with an out-of-state driver. If you have more specific concerns, you can book a free initial consultation with our accident attorneys.

What Happens If The Other Driver Does Not Admit Fault?

A driver who won’t take responsibility can complicate a case. However, you still have options. In contested car accident claims, evidence plays a critical role in establishing fault. Even seemingly minor details can have a significant impact on the outcome of a case.

Depending on the available evidence, you may be able to establish that the other party is truly at fault. If they continue to dispute liability, consult a lawyer who handles accident cases. They can discuss your available options. If you have strong evidence, you may be able to file a lawsuit.

How Long Does An At-Fault Accident Stay On Record In California?

A car collision in California does not remain on record indefinitely. The standard retention period for accident reports in California is three years from the date of the accident. The California DMV’s database usually deletes the entry after this period. However, records of accidents involving more serious infractions may remain on file for up to 10 years.

How Do Insurers Determine Who Was At Fault?

Insurers investigate your claim after you submit it. To establish liability, they consider the following:

• Police report.
• Eyewitness statements.
• Photos and videos from the accident scene.
• Crash analysis documents.
• Traffic surveillance and dashcam footage.

Insurance companies may then determine that one or more parties are at fault. If you believe the evaluation is inaccurate or unfair, consider consulting with a lawyer for guidance. A traffic accident lawyer can review the findings and advocate for a fair assessment of fault.

Contact Our Lawyers After An Accident With An Out-of-State Driver

A traffic accident can result in substantial losses. Dealing with an at-fault driver from another state can further complicate the situation. If you need help, consider working with our car accident lawyers. We can manage the legal aspects of your case. Our attorneys can also handle jurisdictional issues and communicate with out-of-state insurers.

At AK Law Firm, our attorneys handle cases on a contingency fee basis. It means we only get paid attorney’s fees if we obtain compensation on behalf of our clients. So, if you’re wondering, “Do lawyers only get paid if they win?”, the answer is yes if they work under this fee structure. To learn more about how we can assist you, schedule a free initial consultation with us. Just call (888) 488-1391.