What to Do If You’re an Out-of-State Driver in an Ohio Accident
If you get into a car accident in Ohio but live in another state, Ohio’s laws will apply to your case. The following are the steps you should take if you are an out-of-state diver involved in an accident on an Ohio road.
Exchange Information
Under Ohio law, you must stop your vehicle in a safe location and exchange information with those involved. Failing to stop at the scene of the accident is a crime. The level of the offense depends on whether the accident has resulted in any injuries, the severity of those injuries, and whether the offender knew that injuries resulted.
You must give your name, address, and vehicle registration number to the following people:
- Anyone injured in the accident
- The driver of any vehicle damaged in the accident
- The police officer at the scene
If an injured person cannot gather this information due to their injury, you must notify the police and remain at the scene until a police officer arrives.
Notify Your Insurance Company
Next, notify your insurance company of the accident. Ohio is an at-fault state, meaning the party responsible for causing the accident is liable for damages. If someone else caused the accident, their insurance company must cover your damages. If you’re at fault for the accident, your insurance company must cover any damages up to your policy limit.
Ohio requires at least $25,000 per person and $50,000 per accident in liability coverage for injuries or death. If you’re from a state with lower liability requirements, your policy might contain a “broadening clause.” Such a policy term can extend your coverage to accommodate Ohio’s requirements.
File a Claim Before the Deadline
If you decide to file a personal injury claim in Ohio against the at-fault driver, you must do so within two years of the accident. This deadline is called the statute of limitations. Your home state may have a different statute of limitations, but Ohio’s deadline will apply if you were injured in Ohio.
What to Do If You’re an Ohio Driver in an Out-of-State Accident
Ohio’s car accident laws only apply to accidents that occur in Ohio. If you’re an Ohio resident and get into an out-of-state accident, you must follow the laws of the state where the accident occurred.
All states require you to remain at the scene of an accident. However, the exact requirements and consequences for leaving the scene differ. If you get into an accident and aren’t sure what to do, err on the side of caution. Pull over, call the police, and exchange information with anyone involved in the accident.
After the accident, seek medical treatment, even if you think you haven’t been injured. Some injuries aren’t readily apparent. Your health is always the number one priority. Also, try to gather any evidence you can. Take photographs of the accident scene and debris, note any traffic signals and signage, and get contact information from any witnesses.
Next, notify your insurance company and consult a personal injury lawyer. An attorney can help you understand how state law differences may affect your case and guide you through the process of filing an out-of-state accident claim.
How Local Laws Play a Role in Filing a Car Accident Claim Out of State
While states often share similar car accident laws, the differences can significantly affect your case. For example, some states have no-fault insurance laws, while others follow a traditional fault-based system. Policy limit requirements, statutes of limitations, and comparative negligence laws may also vary from state to state. It is important to understand how fault affects compensation in order to get the best settlement possible.
Understanding how these laws affect an out-of-state accident claim requires the guidance of an experienced personal injury attorney. The right lawyer has the skills and knowledge necessary to apply the appropriate state laws to your case and get you the maximum compensation for your injuries. Getting the most compensation possible can make all the difference in your quality of life while you heal from your injuries, and it pays to have a knowledgeable legal advocate on your side.
How Does an Accident in an At-Fault State Differ From a No-Fault State Accident?
At-fault and no-fault accident states handle car accident claims very differently. No-fault states typically require drivers to carry personal injury protection coverage, or PIP, which covers the injured policyholder’s damages no matter who caused the accident. A dozen states require no-fault insurance:
- Florida
- Hawaii
- Kansas
- Kentucky
- Massachusetts
- Michigan
- Minnesota
- New Jersey
- New York
- North Dakota
- Pennsylvania
- Utah
If you’re injured in a no-fault state, you must first file a claim with your PIP insurance. You generally can only file a claim with the at-fault driver’s liability insurer if your damages exceed the PIP coverage limit and your injury meets certain criteria. However, in an at-fault state, you file a claim directly with the at-fault driver’s insurance company.
The car accident claim process becomes much more complicated if you live in an at-fault state, but your accident occurs in a no-fault state. This is because you likely wouldn’t carry PIP insurance for out-of-state accidents. There are often workarounds for these situations. An attorney can help you navigate them.
Does Insurance Cover Out-of-State Accidents?
Yes, your car insurance policy covers you if you get in an accident while traveling out of state. Your policy limits may be lower than the state’s minimum requirements, but this shouldn’t prevent you from receiving coverage. Most auto insurance policies include a broadening clause, which extends coverage to meet the minimum requirements of the state where the accident occurred.
Let’s say you’re an Ohio resident with the minimum liability coverage of $25,000 per person and $50,000 per accident and cause an accident in Maryland, where the minimum requirements are $30,000 per person and $60,000 per accident for multiple parties. In that case, your insurance would cover up to $30,000 per person and $60,000 for all injured parties.
How Can a Car Accident Lawyer Can Help with Out-of-State Car Accidents?
Insurance companies use a whole host of tactics to minimize victims’ claims. A car accident lawyer can level the playing field and work to negotiate a fair settlement. This help is especially valuable if your injuries occurred in an out-of-state car accident.
It’s best to work with an attorney based in the state where the accident happened. They’ll be most familiar with that state’s laws and can better advocate for you. You don’t need to live in the state where the accident occurred to have a local lawyer representing you.
Contact Gervelis Law Firm Today
At Gervelis Law Firm, we know Ohio and are ready to put our knowledge to work for you. We’re here when you need us most, even if you aren’t an Ohio resident. We work tirelessly to earn our clients’ trust by keeping them informed, handling every case with integrity, and sticking to our guiding principle—clients’ needs always come first.
“We offer the relationship of a small local law firm with the resources of a large one,” says attorney David Michael Tschantz. “We are a client-centered firm. Regardless of the size of your case, your needs are our top priority, and your calls or emails will be promptly returned.”
When you’re in an accident, we take action—fast. When you turn to us, our rapid investigation team will be on-site within 24 hours to start building your claim. Contact us online today or call 866-792-2728 for a free consultation.
