4 Steps to Take if an At-Fault Driver is From Out of State

Auto accidents are stressful enough, but when the at-fault driver is from another state, additional legal complications can arise. Whether you’re driving in Pennsylvania or neighboring New Jersey, understanding how jurisdiction, insurance policies, and court procedures apply could be part of your recovery process. If you were injured in a crash caused by a non-resident, talk to a Bucks County personal injury attorney about what steps to take and how to protect your rights.

 Step 1: Call Police and Document the Scene

Always contact law enforcement after a crash, even if it seems minor. A police report creates a formal record of the incident, which is especially important when the other driver is from out of state. Be sure to:

• Get the other driver’s license and insurance information.
• Take photos of damage, injuries, and the scene.
• Collect witness contact details, if possible.

Step 2: Get Prompt Medical Care

Even if you feel okay, see a doctor as soon as possible. Some injuries take hours or days to appear, and medical records provide essential evidence if you need to file a claim. Waiting too long could allow the insurance company to argue your injuries weren’t related to the crash.

 Step 3: Understand Insurance Coverage Differences

Pennsylvania and New Jersey both have unique insurance systems that may differ significantly from the at-fault driver’s home state. For instance, Pennsylvania is a choice no-fault state. Drivers can choose full tort or limited tort coverage. New Jersey also has a no-fault system, but with verbal thresholds for lawsuits based on injury severity.

If the at-fault driver is from a state with lower liability coverage or different rules, their insurance may not fully cover your damages. Then, you may need to file a claim with your own insurer under Personal Injury Protection (PIP) or MedPay. Another option could be to pursue a personal injury lawsuit for additional compensation for your injuries.

 Step 4: Determine Jurisdiction and Venue

Generally, if the crash happened in Pennsylvania or New Jersey, the courts in that state have jurisdiction over the case. This means you can file your lawsuit locally, even if the other driver lives elsewhere.

That said, proper service of process could be a consideration as well. Should the at-fault driver return to their home state, you may need to serve them using that state’s procedures, or utilize your state’s long-arm statute to bring them into court.

Navigating a car accident claim is easier with legal guidance, and that’s especially true when the other driver is from out of state. An experienced Bucks County personal injury attorney can handle multi-state insurance issues and properly serve the defendant. Plus, skilled legal professionals know how to maximize your compensation through negotiation or litigation.

Where does the driver who struck your vehicle live? If you were injured in a Pennsylvania or New Jersey crash caused by a non-resident driver, don’t go it alone. The legal team at Kevin L. Hand, P.C. can help you overcome challenges and pursue the compensation you deserve. Call 215-515-2604 for a confidential consultation.