How to Handle a Car Accident with an Out-of-State Driver

Being involved in a car accident with an out-of-state driver can add complexity to an already stressful situation. While the general steps of handling a car accident remain the same—such as ensuring safety, exchanging information, and documenting the scene—there are unique considerations when the other driver is from a different state. Florida’s Long-Arm Statute allows state courts to require out-of-state drivers involved in local accidents to appear in court.

Wooten, Kimbrough, Damaso & Dennis understand the challenges you face and are committed to helping car accident victims navigate the legal system. With years of experience in personal injury law, our team works to ensure you recover compensation so you are able to focus on recovery rather than the stress of legal battles.

Liability Involving Drivers From Out-of-State

Florida is known for its mix of local and out-of-state drivers, many of whom rent vehicles without fully understanding local traffic regulations, such as navigating Orlando’s I-4 or the express lanes in Miami-Dade County. Often, drivers carry their state-specific insurance or insurance from rental agencies, which may not cover all accidents due to varying state laws, potentially leading to extra costs.

To address these issues, Florida mandates that all drivers carry Personal Injury Protection (PIP) insurance. PIP is a no-fault system where you submit a claim with your insurance regardless of who caused the accident. However, PIP has limitations, especially with severe accidents that might exceed the coverage limits, necessitating a third-party lawsuit against the driver at fault.

To further protect drivers, Florida enforces the Long-Arm Statute, allowing state courts to require out-of-state drivers involved in local accidents to appear in court. This law ensures anyone who drives in Florida can be summoned to court if required. 

Additionally, in accidents involving multiple parties, Florida operates as a comparative fault state. This means compensation is proportionate to each party’s responsibility in the accident. For instance, if a victim is deemed 50 percent or less at fault, they are still eligible to receive compensation for the other 50 percent of damages.

Recover Damages in a Car Accident With an Out-of-State Driver 

When you’re involved in a car accident with an out-of-state driver, recovering damages is often more complex than accidents involving drivers from the same state. However, you are still entitled to compensation for the injuries and losses you’ve sustained. The following is a breakdown of the types of damages you can seek:

1. Medical Expenses

Medical bills quickly accumulate after a car accident, particularly if the injuries are severe. You can recover compensation for the cost of emergency treatment, hospital stays, surgeries, rehabilitation, and any future medical expenses related to your injuries. These costs are recoverable regardless of whether the other driver is from in-state or out-of-state.

2. Present and Future Lost Income

If your injuries prevent you from working, you can claim compensation for lost wages. This includes the income you’ve missed due to the collision, as well as any future loss of earning potential if your injuries result in long-term disability.

3. Physical Pain and Suffering

These damages are intended to compensate you for the physical pain caused by the collision. These damages vary based on the severity of the injury, how long it may take for recovery, and how it impacts your daily life. It is important to document the emotional and physical toll the accident has had on you.

4. Personal Property Damage

You may be entitled to compensation for any damage to your vehicle or personal property. If your car is totaled or significantly damaged, you may seek reimbursement for repair costs or the actual value of your vehicle if it can’t be repaired.

5. Emotional Distress

You may claim damages for emotional distress resulting from the accident. This includes the trauma or anxiety you may experience as a result of the crash, particularly if the accident was severe or if you have post-traumatic stress disorder (PTSD) related to the incident.

How to Pursue Damages in an Out-of-State Car Accident

When dealing with an out-of-state driver, the process for pursuing damages may involve navigating the laws of multiple states. It’s essential to determine which state’s laws will govern your case, whether it’s the state where the accident occurred or the state where the driver resides.

Working with an experienced attorney who understands multi-state liability laws is essential to ensuring you recover the maximum compensation you’re entitled to. If you’re unsure where to start, the legal team at Wooten, Kimbrough, Damaso & Dennis can help clarify your rights and the appropriate course of action to take.

Why Choose Wooten, Kimbrough, Damaso & Dennis for Your Out-of-State Driver Accident Case

Dealing with a car accident involving an out-of-state driver can be complicated due to varying state laws and insurance coverage. At Wooten, Kimbrough, Damaso & Dennis, we have decades of experience handling accidents involving drivers from both within and outside of Florida. We understand the complexities of multi-state accidents and are committed to ensuring that you receive the full compensation you deserve, no matter where the other driver is from.

Our experienced team will guide you through the legal process, from identifying the applicable laws to pursuing a fair settlement or verdict. We’ll handle the intricacies of your case, including working with out-of-state insurers and navigating comparative fault laws so you can focus on your recovery. Contact us today at (407) 843-7060 or through our contact form to discuss your case and learn how we can help.