Resolving a car crash is stressful regardless of whether the victim lives nearby or across the globe. However, where you live can have an impact on how a car accident case is handled.
Out-of-State Drivers There are many ways an accident could occur away from home. However, one of the most common is a car accident on vacation. It is important to remember that insurance benefits depend on the state where you are seeking them. Tort claims (or claims of negligence) are dealt with according to the laws in the state in which the accident occurred. Insurer contract claims are those that are based on “bad faith” and are dealt with according to the laws in the state where the policy was issued. Contract claims, on the other hand, are against your insurance company and against the defendant driver.
If you have Nebraska car insurance, it doesn’t matter if an accident happened while you were vacationing in Florida. You must follow Nebraska law if you want to claim benefits under your policy. Florida law applies if you are seeking injury or property damages from the at-fault driver. It all depends on the person you seek benefits from. This is because state requirements for coverage and benefits payouts can vary.
Fault vs. No Fault
Car insurance is a complicated business. Injuries are an important consideration. Depending on how car insurance companies pay for injuries, states are either considered “fault” (or “no fault”) states. Drivers are required to purchase personal injury protection coverage, which pays for the injuries they sustain in an accident. No fault states do not consider who caused it. Fault states may, however, require that the at-fault driver’s insurance company pay for medical benefits. If certain criteria are met, property damage benefits may be paid by the insured of the accident victim.
Let’s return to the previous example. Florida is a state that is at fault, Nebraska is at no fault. Therefore, a Nebraska driver may not have coverage for injuries they cause or those they sustain in an accident. Florida drivers may not have coverage for their injuries. What happens if a Florida driver injures a Nebraska driver in a car accident. If neither driver has additional coverage, the Nebraskan driver could be responsible for paying their medical bills. The driver from Nebraska can buy Uninsured/Underinsured Motorist coverage to help provide additional benefits their injuries if there is no other insurance to protect them. Bodily Injury coverage can be purchased by a Florida driver to cover any injuries. If drivers have assets that could help the victim, they may be subject to a lawsuit.
Drivers From Other Countries & Rental Cars
Insurance claims and car accidents can be difficult for foreign drivers. Tourists from all over the world rent cars and drive in America. However, insurance is not required. They could leave the country if they cause an accident that results in injury to someone. Sometimes it might not be possible to serve someone with a lawsuit in another nation.
Recent legislation has made it clear that car rental companies aren’t responsible for any damage done by people who rent their vehicles. Title 49, section 30106 states that the vehicle’s owner is not liable for any “harm to persons and property”, unless they were the cause. Most rental car companies require only a valid driver’s licence and credit card information to rent a vehicle or truck.
Get Insurance to Protect Yourself
Drivers can protect themselves from these gaps in coverage by adding Uninsured/Underinsured Motorist coverage to their policy. This coverage is essential if they are injured in an accident where they are responsible to their own medical bills and have no coverage for benefits. This applies to accidents involving people who are completely uninsured such as visitors from other countries. It is possible to file a lawsuit against them to make them pay your expenses. However, it may not be possible to serve them with the proper papers and begin the collection process.
