If you carry the minimum insurance required in your home state of Louisiana and you get in an accident in the U.S. while driving out-of-state, you are still insured. Even if the minimum motor vehicle insurance requirement is different in the state in which your accident occurs, generally, your car insurance covers out-of-state accidents.
Getting in an accident out of state may get a little more complicated when you’re injured in a car accident out-of-state and considering legal action.
Out-of-State Car Accident Jurisdiction (Rules on Where to File Your Lawsuit)
When you’re involved in an accident outside of your home state, generally you may file your lawsuit:
- In the state where the accident occurred
- In the state where the person you’re suing lives
- In the state where a business is established, if you’re suing a business
Once you’ve established where you will file your lawsuit, you will need to know how long you have to do so, or the statute of limitations in the state where you’re filing. That time may depend on:
- Your age at the time of injury
- The type of claim it is
- When you discover the injury
- If the defendant is a government entity or employee
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What If I Get in an Accident in Another Country?
If you are a tourist visiting Canada for six months or less, your U.S. car insurance should be recognized and accepted. However, this is not generally true if you are driving in countries beyond the U.S. southern border. Prior to traveling outside of the U.S., you should talk to your insurance company to determine if adding travel insurance to your policy is necessary.
Be aware that while procedures for accidents are similar in Canada and the U.S., that may not hold true for Mexico. You may be arrested if you have an accident in Mexico that involves injuries or serious property damage. Always carry proper identification and proof of insurance.
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What If I’m Moving to a New State?
If you are moving from Louisiana to another state, work with your current insurance company to determine when coverage will switch to the company you’ve chosen in your new state of residence. Do not stop your old policy until your new policy is in place, as you want to stay covered in case of an accident.
Check with the DMV in your new state to find out how many days you have to get insurance and change your license and registration. Note that while most states have a minimum requirement for the amount of insurance you must carry, New Hampshire does not require you to have car insurance, but you must prove you’re able to meet certain financial requirements. Virginia does not require you to carry car insurance, but has other requirements should you choose not to do so.
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What are the Factors for Increased Risk of Out-of-State Accidents?
- There are more drivers on the roads across the U.S. during the holidays, with a corresponding bump in accidents causing hundreds of deaths and tens of thousands of injuries just during the few days around Christmas Day.
- Impaired driving due to alcohol or drug use is also a risk factor during holiday road trips.
- A lack of familiarity with the roadways and road conditions can increase your risk for accidents.
- Poor weather when traveling in unfamiliar areas may add to the risk of being in an accident.
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What Happens If I Have an Accident in a State Where I Own a Second Home?
Typically, your car insurance is based in the state where the car is registered and is normally kept. If you drive to a vacation home in another state, you should be covered by your home state’s car insurance. That may change depending on the state where your vacation home is and the number of days in the year you spend at your second home.
It’s safer to check with your insurance company rather than assume you have coverage.
What Are the Accident Statistics in the U.S.?
The number of accidents and their causes varies by state.
- In 2020, there were almost 40,000 deaths associated with vehicle accidents, with Mississippi having the most per population.
- A little over half of all fatalities occurred in single-vehicle accidents. Montana and Rhode Island accounted for the highest percentage of single-vehicle deaths per state, and Delaware had the highest percentage of multiple-vehicle fatalities.
- In the U.S., 43% of accident fatalities were on rural roads.
Being involved in an accident can be scary and potentially catastrophic for you and your family. When the accident occurs in another state, the situation can have added complications.
Our personal injury attorneys at Laborde Earles Injury Lawyers will help you unravel the legal steps and fight alongside you for just compensation for you and your family.
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