Accidents don’t respect state borders. You’re driving through Westchester, a tourist from Florida runs a red light, and suddenly you’re dealing with injuries and an insurance company you’ve never heard of. Can you still recover compensation? Absolutely. But there are some quirks worth knowing about.
How New York Law Applies To The Accident
When a crash happens in New York, our laws govern what happens next. Period. Doesn’t matter if the other driver’s got Texas plates or Georgia insurance. The collision occurred here, so New York rules apply. New York is a no-fault state. That means your own insurance covers your medical bills and lost wages up to your policy limits, regardless of who caused the wreck. The other driver’s home state laws don’t change this part. You’ll still file a Personal Injury Protection claim with your own insurer first, just like you would after any accident.
Suing An Out-of-State Driver
You can sue if your injuries meet New York’s serious injury threshold. We’re talking about significant harm here:
- Significant disfigurement
- Bone fractures
- Permanent loss of use of a body part or organ
- Substantial limitation of the use of a body function
- A medically determined injury that prevents normal daily activities for at least 90 days during the 180 days after the accident
When your injuries qualify, you can pursue compensation beyond your PIP coverage. The process looks similar to suing a New York resident, though there are a few extra procedural steps involved.
How Jurisdiction Works
New York courts have jurisdiction over accidents that happen within the state. The other driver doesn’t need to be a New York resident for you to bring a claim here. If they caused harm on our roads, our courts can hear the case. Service of process can get tricky, though. Let’s say the driver’s already gone back to Arizona. We need to follow specific procedures to notify them of the lawsuit. New York’s long-arm statute allows courts to exercise jurisdiction over non-residents who cause harm here, which is what makes it possible to hold out-of-state drivers accountable even after they’ve left.
What To Do About Their Insurance Company
The at-fault driver’s insurance company must respond to claims in New York. They can’t refuse to handle a claim just because the accident happened outside their home base. Insurance companies are licensed to operate across multiple states, so they’ve got adjusters who deal with this regularly. We handle their adjuster the same way we would with a New York insurer. They’ll investigate the claim, review your medical records, and either make an offer or dispute liability. At The Law Office of Jeffrey Weiskopf, we communicate directly with these companies to push for fair compensation and keep the process moving.
What To Do If The Driver Has Minimal Coverage
Some states require much lower insurance minimums than New York. If the at-fault driver is only carrying their home state’s minimum coverage, it might not be enough to cover your actual damages. That’s frustrating, but it’s not the end of the road. This is where your own underinsured motorist coverage becomes important. UIM coverage bridges the gap when the other driver’s policy limits fall short of your losses. A New York car accident attorney can help you understand whether your UIM coverage applies and how to file that claim properly.
Gathering Evidence After The Accident
Document everything at the scene if you’re able to do so safely. Take photos of both vehicles, the license plates, and the surrounding area. Get the other driver’s insurance information and their home address. Don’t skip the home address just because they’re from out of state. You’ll need it later.
Witness contact information is valuable, too. If someone saw what happened, get their name and phone number before they leave. Police reports matter. Make sure law enforcement responds to the scene and files a report. That report becomes part of the official record and helps establish what happened. Even if the other driver seems cooperative at the scene, you want that documentation.
A New York car accident attorney can manage communication with out-of-state insurers, file the necessary paperwork in New York courts, and make sure deadlines don’t slip through the cracks. If you’ve been injured by an out-of-state driver, reach out to our team to discuss your options and what comes next.
