The aftermath of a car accident is often a confusing time. Crash victims have many questions about what to do next.
The situation can be especially confusing when you find out the driver is from another state. A bunch of questions may pop up in your mind:
- Does the other driver’s insurance apply?
- Is the crash governed by Wisconsin laws or the laws of the at-fault driver’s state?
- What if the driver was in a rental car?
Sigman Janssen discusses these and other issues with Wisconsin car crashes caused by out-of-state drivers below. If you are considering your legal options after this or any other type of motor vehicle crash, call us to schedule a free consultation. Our Oshkosh car accident lawyers have secured millions for crash victims and our services come with no upfront costs.
Contact Sigman Janssen today: (877) 888-5201.
What Are Some of the Challenges of Car Crash Cases Involving Out-of-State Drivers?
There are a variety of issues that can spring up when the at-fault driver is from another state:
- It may be more difficult to serve the out-of-state driver with legal documents (legal complaints, discovery requests or subpoenas).
- The at-fault driver may be uninsured or not have enough insurance to cover all your damages.
- It could be a challenge to locate the liable driver once he or she goes back to his or her home state.
Each case is unique, and other complicating factors could spring up as well, such as determining where a lawsuit can be filed. These are all reasons why victims should seek help from an experienced attorney who will be prepared for the different issues that could arise.
Considering that it may be difficult to locate the driver once he or she leaves the scene, victims should call the police to formally report the accident. Another good idea is to exchange contact and insurance information with the driver. We also recommend calling an experienced lawyer right away to avoid making mistakes that could hurt your case.
Can You Still Seek Compensation From an Out-of-State Driver’s Car Insurance?
Generally, car insurance policies cover drivers throughout the country. If someone comes from another state and causes an accident, victims should be able to seek compensation from that driver’s insurance.
Many drivers purchase more than the minimum required coverage. However, there is an off chance that the at-fault driver has minimum coverage, perhaps even less than the minimum coverage required in Wisconsin. In this situation, the driver’s coverage will be increased to the minimum limits required in this state.
If the driver comes from a no-fault state, like Michigan, you may be concerned about whether the driver carries liability coverage. However, as the accident happened in Wisconsin, it will be handled like any other accident in Wisconsin. The at-fault driver is financially liable for damages from the collision.
Rental Car Insurance Claims
Sometimes accidents with out-of-state drivers involve rental cars. In these situations, crash victims may be able to seek compensation from the insurance policy on the rental car. However, this is usually a secondary option, as your lawyer will most likely be seeking compensation from the at-fault driver’s personal insurance coverage.
There may be various sources of compensation for your injuries and damages, which is why it is best to seek help from an experienced lawyer. The attorneys at Sigman Janssen have helped many Wisconsin crash victims secure compensation. We have detailed knowledge of Wisconsin car insurance laws and the process for seeking compensation for those injured in motor vehicle collisions.
What if the Out-of-State Driver Does Not Have Insurance?
Some drivers consciously choose not to buy insurance, but others may have forgotten to make a payment, causing their policy to lapse. Either way, these individuals may not have coverage to pay for your damages.
Fortunately, you may be able to use your uninsured motorist coverage for the accident. Wisconsin requires drivers to buy a minimum of $25,000 in coverage per person and $50,000 per accident.
What if the At-Fault Driver’s Coverage Runs Out?
Even if the at-fault driver has coverage, it might run out before you can get the full compensation you need. In these situations, drivers can turn to their underinsured motorist coverage. However, these claims can be complicated, which is why crash victims should meet with a lawyer to discuss their path forward.
What if Your Lawyer Needs To File a Car Accident Lawsuit?
You may wonder if your lawyer can file a lawsuit in Wisconsin, or if he or she must file a lawsuit in the state where the at-fault driver resides.
It is important to note that most car accident cases are settled without the need to go to court. However, sometimes insurance companies do not offer full compensation, or they may even try to deny coverage. When this happens, filing a lawsuit may be the best way to secure the compensation you need.
Often, a lawsuit can be filed in the state where the accident happened. It may also be possible to file a lawsuit in the at-fault driver’s home state. However, each case is different and there are multiple factors to consider. You should discuss the situation with a licensed attorney to discover your potential legal options.
What if You Were Injured by a Truck Driver From Another State?
If the liable party in an injury claim is a business, such as a commercial trucking company, you should be able to sue in Wisconsin or the state where the business is located. If the company does a significant amount of business in Wisconsin, there should be no problem filing a lawsuit there.
Call Sigman Janssen For Assistance After a Car Crash
Were you injured because of another driver’s carelessness?
Call Sigman Janssen to learn about your potential legal options. There are no upfront costs with our services.
Schedule a free, no-obligation legal consultation. Phone: (877) 888-5201.