Car accidents can be overwhelming enough on their own, but when the other driver is from out of state, it can feel like the situation is even more complicated. Whether you’re a Kansas City resident or just passing through, dealing with out-of-state drivers after an accident raises a few unique challenges—especially when it comes to insurance, legal jurisdiction, and the claims process.
In this post, we’ll walk you through the steps you should take if you’re involved in a car accident with an out-of-state driver, explain how the claims process works, and how to protect your rights throughout the process.
Step 1: Ensure Everyone’s Safety and Call the Police
The first thing you should always do after an accident is make sure everyone is safe. Check yourself, your passengers, and the other driver(s) for injuries. If anyone is hurt, call 911 immediately. Even if the injuries seem minor, it’s important to report them, as some injuries may worsen over time.
Once everyone is accounted for, call the police to report the accident. Even though the other driver is from out of state, a police report is essential. It helps establish an official record of the accident, which will be vital if you need to file an insurance claim or pursue legal action.
Make sure to get the names and contact information of any witnesses as well, as their statements could be key in establishing fault later on.
Step 2: Gather Information—It’s Crucial
When you’re in an accident with an out-of-state driver, you still need to gather the same information you would for any other accident. The difference is that you might need to follow up with multiple states’ insurance companies, which can complicate things if you don’t have the right documentation.
Here’s what you need to do:
- Get the other driver’s information: This includes their name, address, phone number, driver’s license number, and license plate number. Make sure to get a copy of their insurance information as well.
- Take photos: Photograph the accident scene, including any damage to your vehicle, the other vehicle, and any relevant road conditions. If there’s visible damage to either car, take pictures from different angles.
- Note the location: Record the exact location of the accident, as well as any relevant details such as traffic signs, signals, or road conditions that may have contributed to the crash.
Step 3: Understand How Insurance Works in an Interstate Accident
One of the biggest concerns after an accident with an out-of-state driver is how insurance will handle the claim. Fortunately, there are some important things to keep in mind:
- Insurance is usually valid across state lines: Car insurance policies typically cover accidents no matter where the crash happens. That means if you’re in Kansas City and an out-of-state driver hits you, their insurance should cover your damages, just like it would in their home state.
- State laws vary: While insurance companies will cover damages, the specific laws that apply to the accident might be different depending on where the crash occurred. For example, Kansas and Missouri both have different laws regarding fault, uninsured motorist coverage, and the amount of liability coverage required.
If the other driver’s insurance company is based in a different state, you might need to deal with multiple insurance providers, which can make the process a bit more complicated. However, your insurance company can often assist you with the paperwork and make sure that your claim is handled appropriately.
Step 4: Consider the Legal Jurisdiction
When you’re involved in a car accident with an out-of-state driver, the issue of legal jurisdiction could come up. Simply put, jurisdiction refers to which state’s laws govern the case. If the accident occurs in Missouri or Kansas, local courts will typically have jurisdiction. However, the laws of the driver’s home state may still play a role in certain aspects of the case, like how much they are required to pay for damages or how claims are processed.
In some cases, you might need to file your claim or lawsuit in the state where the accident took place, even if the driver is from a different state. In rare situations, you may be able to pursue legal action in the other driver’s home state, but this usually depends on the specific circumstances of the accident.
Step 5: File a Claim with Your Insurance Company
No matter where the other driver is from, the next step is to file a claim with your own insurance company. This is especially important if the at-fault driver doesn’t have insurance, is underinsured, or if there are complications with the other driver’s policy. Your own insurance policy may step in to help cover medical bills, lost wages, and property damage.
If you have uninsured motorist coverage (UM), this could help protect you if the out-of-state driver is uninsured or doesn’t have enough coverage. UM coverage can help cover the cost of your injuries and property damage even if the responsible driver doesn’t have the right insurance. Similarly, underinsured motorist coverage (UIM) can help if the other driver’s policy isn’t enough to cover your damages.
It’s important to keep in mind that some states have different requirements for uninsured or underinsured motorist coverage, so check with your insurance agent to see how your policy will apply in this situation.
Step 6: Consult a Lawyer if Needed
If you’re finding it difficult to navigate the insurance process, or if you’re dealing with an out-of-state driver who’s uncooperative or difficult to reach, it might be time to consult a personal injury attorney.
An experienced lawyer can help you:
- Navigate complex insurance issues: If you’re dealing with multiple insurance companies or out-of-state coverage, a lawyer can ensure that everything is handled properly.
- Fight for fair compensation: Insurance companies often try to minimize their payouts, but a lawyer can help negotiate for the full compensation you deserve.
- Handle legal proceedings: If the case goes to court or requires further legal action, an attorney can represent you and protect your rights.
At KC Car Crash Lawyers, we have the experience to handle complex car accident cases, including those involving out-of-state drivers. If you’ve been in an accident and need help navigating the claims process, don’t hesitate to contact us at 816-825-5704 for a free consultation.
Conclusion: Don’t Let an Out-of-State Accident Complicate Your Claim
While accidents with out-of-state drivers can add some complexity to the claims process, you don’t have to face it alone. By following these steps, gathering all the necessary information, and consulting with the right professionals, you can protect your rights and make sure your claim is handled properly.
If you’ve been in an accident in Kansas City involving an out-of-state driver, reach out to KC Car Crash Lawyers. We’ll guide you through the process, help you navigate the complexities of interstate insurance, and make sure you get the compensation you deserve. You don’t pay unless we win your case.