What To Do If You’re Hit by an Out of State Driver

July 2, 2014

If you have recently been involved in a

car accident with another driver, the compensation you receive depends primarily on

liability (fault) and the total cost of damages. If the other driver was

at-fault for the accident, then you will file a claim with insurance in

hopes of receiving compensation from their insurance. If the at-fault

driver lives in another state, you would still file a claim with your

insurance the same way as you would after an accident with a Georgia driver.

There are, however, two possible complications in out of state driver cases:

insurance coverage limits differ by state, and jurisdictional issues that

could arise if filing a lawsuit for additional damages.

The amount of money you receive will depend on the driver’s policy

limits. Each state has different requirements for minimum auto insurance

coverage. In Georgia, all drivers are required by law to carry a minimum

$25,000 per person/$50,000 per accident for bodily injury coverage and

$25,000 per accident for property damage coverage.

If you were hit by a driver from a state with lower requirements, insurance

may not be able to cover the total cost of your injuries and property damage.

Say, for example, a California driver hit you. In California, the minimum

bodily injury coverage per person is $15,000. If the liable driver only

carried the minimum coverage, you could only receive up to $15,000 for

your injuries, whereas you could have collected $25,000 if hit by a Georgia driver.

There are some types of insurance coverage offered in Georgia that, while

not required, could help if the out of state driver’s insurance is

not enough to cover the cost of your injuries and property damage. Those

additional types of coverage include underinsured motorist coverage, medical

payment coverage, and collision coverage. If you purchased one or more

of those coverages, then your own insurance company could make up the

difference and provide you with the money you need after an accident.

In cases where the total cost of damages exceeds insurance limits, you

may be able to sue for additional damages. If you were hit by an out of

state driver, you would likely file suit in the state the accident took

place. For more information and details on jurisdictional issues in injury

lawsuits, speak with one of our attorneys directly.

Henningsen Injury Attorneys is here to answer your questions 24/7. Call