What Pennsylvania Drivers Need to Know When Injured by an Out-of-State Motorist

The car insurance and liability laws of Pennsylvania still apply when you are involved in a car accident with an out-of-state driver. However, the path towards recovering damages from that driver tends to be more complex than in an accident involving two Pennsylvania drivers. 

When an out-of-state driver hits your vehicle and causes you to suffer an injury, do not proceed until your questions are answered. Anthony C. Gagliano, III, Esquire, P.C. serves clients injured by out-of-state drivers. A free consultation is available by contacting our office today. 

When you’re in a car accident by an out-of-state driver, which state’s laws apply?

The question that you must answer at the very beginning of your case is: which state’s laws apply when an out-of-state driver hits your vehicle?

In most situations, the answer depends on where the accident took place. As long as the accident takes place in Pennsylvania, then the laws of Pennsylvania apply. This is true even though one of the drives may be from another state. 

This is an important consideration because out-of-state drivers fall under Pennsylvania’s laws regarding insurance, liability, and the procedures associated with going to court. Because each state has different driving and insurance laws, it can be complex to determine how to apply Pennsylvania state driving laws to an out-of-state driver. 

Filing a claim against an out-of-state driver

When an accident is caused by an out-of-state driver, it is typical that their insurance will accept fault and then provide coverage. That you are not a resident of the driver’s home state does not matter in this context. 

What is the minimum amount of liability coverage required under Pennsylvania law?

The following represents the minimum amount of car insurance coverage that a driver must maintain in Pennsylvania:

• $30,000 total for each accident related to bodily injury
•  $5,000 for property damage
• $15,000 for bodily injuries per person

Keep in mind that if the home state of the other driver has lower minimum coverage amounts than those listed above, the other driver’s insurance will adjust to meet the increased minimum levels of coverage in Pennsylvania. 

The compensation that comes with a car accident depends on which driver is at fault for having caused the accident. 

Who caused the accident helps determine how much the injured driver receives in damages

Pennsylvania adheres to a legal principle based on modified comparative negligence. As long as the injured party is less than 51 percent at fault for having caused the accident, he or she may be compensated for their injuries and property damage. Keep in mind that the damages received will be reduced proportionate to the driver’s fault level for the accident. 

The home state of the at-fault driver does not matter when considering fault and insurance coverage for a car accident. Consider that if you are involved in a car accident with an Ohio-based driver, the amount of damages you can recover from that driver’s insurance will be reduced by the percentage of fault associated with your role in the accident. 

When an out-of-state driver injures you behind the wheel there are always some complicating factors to consider. Working with an experienced Philadelphia car accident attorney allows you to focus on healing after the accident. Your advocate will fight for your rights and ensure justice is upheld. 

How to file an insurance claim against an out-of-state driver?

As long as the car accident occurred in Pennsylvania, you should be able to file a lawsuit against the out-of-state driver in a Pennsylvania court. Once a driver crosses into Pennsylvania from another state, he or she opens himself or herself up to being sued in a Pennsylvania court. 

How the opposing party is notified of your lawsuit being filed is not always so straightforward. Fortunately, most states honor the civil court decisions of American judges. This allows drivers in Pennsylvania to file or enforce a judgment without fear of having coverage for their injuries and property damage. 

What steps should you take after being injured by an out-of-state driver?

Contact 9-1-1 and determine if a police report can be prepared. This is a potentially important piece of evidence- especially when it comes to the other driver’s car insurance accepting fault for the accident. 

Take photographs and video of the accident scene, the other driver’s vehicle, the road conditions, and any other relevant information. Again, you are attempting to not only document what happened in the accident but also to build your case through evidence. Establishing what conditions were present at the time of your accident removes many potential doubts on the part of the at-fault driver’s car insurance company. 

Finally, seek medical attention. It is a good idea for you to get checked out by a doctor after the accident takes place. Even if you do not believe that you are seriously injured, it is wise to have a check-up. Sometimes an injury will not reveal itself for many hours or even days after the accident. By seeking medical care, you can better anticipate what issues may arise moving forward. 

Contact Anthony C. Gagliano, III, Esquire, P.C. today

Having an experienced Philadelphia car accident attorney guide you throughout your case is extremely helpful. Not only do accidents with out-of-state drivers begin with greater uncertainty, but they tend to remain more complicated throughout the case. All the while, you need to receive medical treatment and ongoing care for the injuries you have suffered.

When you have questions about a car accident case, contact Anthony C. Gagliano, III, Esquire, P.C., for a free consultation. Learn more about your specific circumstances by speaking to a client-focused car accident attorney today.