What Happens If You Get into an Out of State Car Accident While on Vacation?

Author: Shelby Benavidez  

Contributing Attorney: Dana Nichols, attorney 

TL;DR: What to Do After an Out of State Car Accident  

• Put your safety first, call 911, and obtain a police report.  

• Seek medical attention immediately, even if you don’t think you’re seriously injured.  

• Document the crash scene, vehicle damage, injuries, and witness information.  

• Notify your insurance company and your rental car company (if applicable).  

• Speak with a personal injury attorney familiar with the laws in the state where the accident occurred.  

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Vacations are an opportunity to make incredible memories with your family, but a car accident can quickly turn an enjoyable trip into an absolute nightmare. If you’re involved in an out of state car accident, you probably have thousands of questions about medical care, insurance claims, rental vehicles, and which state’s laws apply to your case – all while worrying whether your family will be okay.  

But you don’t have to figure everything out on your own. This guide explains the steps you should take after a car accident while on vacation, what to expect if you were injured out of state, and how an experienced car accident attorney can help you navigate the process.  

What Steps Should You Take Immediately After an Out of State Car Accident?  

1. Call Local Authorities  

Your first priority after any crash is everyone’s safety. If possible, move your vehicle to a safe location out of traffic and check yourself, your passengers, and the occupants of the other vehicle for injuries.  

Even if the accident seems minor, always report it to local law enforcement. The responding officer’s accident report can serve as valuable evidence when determining liability and filing an insurance claim.  

Be sure to request information about how to obtain a copy of the police report before you leave the accident scene.  

2. Seek Medical Attention Immediately  

Always seek medical care after a car accident, even if you think you feel fine. Adrenaline can mask pain for hours or even days, and some serious injuries, including internal bleeding, concussions, and traumatic brain injuries, may not produce immediate symptoms.  

If emergency medical personnel respond to the scene, allow them to evaluate you. If they don’t, visit the nearest emergency room or urgent care as soon as possible.  

Getting medical treatment right away protects your health and creates documentation connecting your injuries to the accident. If you wait until your injuries worsen or until you get home from your vacation, insurance companies have an opportunity to argue that your injuries aren’t that serious or weren’t caused by the crash.  

3. Document the Accident  

Documenting the scene of an accident is always important, but it’s even more critical if the accident happens out of state. While you are still at the scene, gather as much evidence as possible (if you are able).  

Take pictures of the damage to all vehicles involved and be sure to include the license plates. If there are any identifying road markers, such as street signs, traffic signals, or local businesses, photograph those as well. Finally, take pictures and videos of any visible injuries to you and your family.  

If it’s safe to do so, try to collect the other driver’s contact and insurance information, as well as any witness names and phone numbers. Be sure to get the officer’s name and badge number, as well.   

If the other driver was being uncooperative or combative, or your injuries prevent you from gathering evidence on your own, don’t panic. The police report, witness statements, and your medical records can help document information.  

5. Report the Accident to Your Insurance Company  

Call your insurance company and notify them of the accident as soon as possible. Even if you were not at fault for the accident, many insurers require you to report any accident within 24-48 hours, regardless of who caused it.  

When you speak to the insurance company, tell them what happened to the best of your ability and stick to the facts. Avoid guessing, speculating, or accepting any portion of fault.  

Remember, you generally don’t have to speak with the other driver’s insurance company. If an adjuster contacts you, speak with an attorney before providing a recorded statement.  

6. Notify the Rental Car Company (If Applicable)  

If you were involved in a car accident in a rental vehicle, you’ll also want to alert the rental company. However, be cautious about what you say. Speak to the rental company as you would an insurance adjuster – relay the facts but avoid admitting fault or making assumptions about what happened.  

Alert the company if the vehicle is not safe to drive and ask where they would like the vehicle to be returned. If the vehicle needs to be towed, the rental company may prefer a specific towing company, so make sure to ask about that as well.   

Keep records of every conversation, including the employee’s name, their ID number (if available), and any instructions they provide.  

7. Keep Detailed Records  

Even after you have left the scene, it’s extremely important to keep detailed records of every interaction related to the car accident. Collect and maintain copies of police reports, medical records and bills, prescription receipts, vehicle repair estimates, rental car paperwork, insurance and rental company conversations, receipts for all out-of-pocket expenses, and documentation for missed work and lost wages.   

We highly recommend keeping everything in one folder, whether digital or physical. Having everything related to the claim in one place can prevent things from getting lost or misplaced, making it much easier to support your claim later.  

What Happens After an Out of State Car Accident?  

What Happens if You Get Injured in a Different State?  

If you were injured out of state, your case will generally be governed by the laws of the state where the accident occurred. That means that the rules you are familiar with in your home state may differ or may not apply, including the statute of limitations for filing a lawsuit, comparative negligence laws, and available compensation.  

And although your claim follows the laws of the state where the crash happened, you usually don’t have to remain there while your case is pending.  

After receiving any necessary emergency medical treatment, most people can return home and continue their recovery with doctors and health care providers in their area. Your attorney should be able to continue working your case and gather the information they need without you being physically present. 

How Do Insurance Claims Work for an Out of State Car Accident?  

Car accident laws and insurance requirements can vary significantly by state. Some states, called tort states, operate under at-fault insurance systems. This means the driver who caused the crash is responsible for paying the injured party’s damages, such as medical expenses and vehicle repairs, through their liability insurance. 

Other states follow a no-fault insurance system. In a no-fault state, drivers generally turn to their own insurance for medical expenses and certain other losses, regardless of who caused the accident.  

Insurance requirements also differ across the country. Every state sets its own minimum liability insurance requirements, and those minimums can be very different as you cross state lines. In fact, a small number of states allow drivers to legally operate a vehicle without purchasing traditional auto liability insurance if they meet certain financial responsibility requirements.  

The good news is that your own auto insurance policy usually travels with you throughout the United States. Depending on your coverage, you may still be able to rely on benefits such as Personal Injury Protection (PIP), MedPay, collision coverage, and Uninsured/Underinsured Motorist (UM/UIM) coverage. If you were driving a rental vehicle, coverage purchased through the rental company or benefits provided by your credit card may also apply.  

If you’re unsure which laws apply in your case, reach out to an experienced car accident attorney! A lawyer can help determine which state’s laws apply, uncover all available insurance coverage, and secure full value for your injuries.  

Do You Have to Return to the State Where the Accident Happened?  

If you were injured in an out of state car accident and file a claim in that state, you may have to return if your case goes to trial. However, most personal injury claims are settled before ever going to court. Even if a lawsuit becomes necessary, your attorney should be able to handle the process remotely. 

While every case is different, many people are able to continue their medical treatment at home, communicate with their attorney virtually, submit documents electronically, and provide depositions or statements through Zoom. This allows you to avoid unnecessary travel while your claim is pending. If you do have to be physically present, your attorney will explain what to expect and help you prepare.  

Contact an Experienced Car Accident Attorney  

Not all car accident attorneys are created equal, and choosing the right attorney after an out of state car accident can make the claims process much less stressful. Because state laws can vary, you’ll need an attorney who is licensed in the state where the accident occurred. If you aren’t familiar with the attorneys in that area, don’t just pick a random lawyer. Do your research!  

Look for a lawyer who primarily works in personal injury law and specializes in car accident cases. Check their reviews online and see what their clients are saying about them. Are they easy to get in contact with? Are they trial-ready? Do they have the resources and experience to handle a case like yours? Do they communicate openly and honestly?  

Almost all car accident attorneys offer free consultations, so it won’t cost you anything to shop around. If you don’t like the answers one attorney is giving you, call another! Take the time to find someone you can count on and feel comfortable handling your case.   

If you already have an attorney you trust in your home state, ask whether they can recommend someone in the state where the accident occurred. Many personal injury attorneys maintain relationships with experienced co-counsel across the country and can connect you with an attorney they know and trust.  

Frequently Asked Questions About Out of State Car Accidents  

What should I do after an out of state car accident?  

Call 911, seek medical attention, document the accident, exchange information with the other driver, notify your insurance company, and speak with a personal injury attorney as soon as possible.  

Which state’s laws apply after an out of state car accident?  

In most cases, the laws of the state where the accident occurred will govern your personal injury claim.  

Can I return home after being injured out of state?  

Yes. After receiving any necessary emergency medical treatment, most people can return home and continue treatment with their local healthcare providers while their attorney handles the claim.  

Does my car insurance cover me while I’m on vacation?  

Most auto insurance policies provide coverage throughout the United States. The specific coverages available will depend on your policy.  

Do I need an attorney in the state where the accident happened?  

Because each state has different personal injury laws, it’s often beneficial to work with an attorney who is licensed in the state where the crash occurred. If you already have a trusted attorney at home, they may be able to recommend an experienced lawyer in that state.  

What if I was driving a rental car?  

Notify the rental company as soon as possible, follow its reporting procedures, and keep copies of all correspondence and paperwork. An attorney can also help you understand how your insurance and the rental company’s coverage may apply.