What Happens If You Get Into a Car Accident Out of State?

If you are an Illinois resident and you get into a car accident outside of the state, you have the right to pursue compensation against the party at fault, depending on the laws of the state you were in. Local law governs these accidents, including the legal responsibility to report the incident to police, filing deadlines, and the burden of proof. The state’s negligence laws will play a role in determining who is at fault.

Because these can be complex cases, it is wise to speak to car accident lawyers in Chicago to pursue full and fair compensation owed to you.

The State’s Fault Laws in Which You Experienced the Accident Will Apply

One way your out-of-state car accident can become more complex is when you’re applying another state’s negligence rules to your accident. Specifically, you must determine if the state is an at-fault or no-fault state.

In an at-fault state, the driver responsible for causing the accident, based on the police report and other evidence, covers the costs of the person not in the wrong. This is how many states, including Illinois, operate.

In a no-fault state, each driver’s individual policy pays for their losses no matter who is at fault. In this case, you will need to reach out to your own insurer to request coverage of the accident.

If you’ve experienced an accident in Illinois, our car accident attorneys in Chicago can help you evaluate your coverage options under Illinois law.

Determine the State’s Statute of Limitations

Next, it is your responsibility to understand the state’s individual statute of limitations. This is the amount of time you have to file a claim or lawsuit against the person at fault, if the law gives you that right. If you miss this timeline and you do not meet one of the few exceptions, you are barred from seeking any compensation from the insurer.

In Illinois, the statute of limitations is typically two years from the date the accident or injury occurred. You must act within that timeline or qualify for an exception. Keep in mind that in Illinois, you may have your timeframe tolled, or paused, if you were a child under the age of 18 at the time of the accident. In all cases, you must determine what the other state’s statute of limitations is.

An experienced car accident attorney will track critical state-specific deadlines to protect your claim.

Determine the State’s Type of Negligence Law

Many car accidents can have more than one driver responsible. This can complicate the claims process of recovering damages. You will need to determine which of the following applies in the state where the accident occurred:

• Pure comparative negligence states: In a state with a pure comparative negligence rule, you can seek compensation for any losses someone else owes to you. Even if you are 99% at fault, you can pursue that 1% of fault from the other party.
• Modified comparative negligence states: This is where Illinois lies. In these states, you can file a claim for losses as long as you are no more than 50% at fault. If you are 51% at fault, that bars you from recovering any damages.
• Contributory negligence states: In these states, if you are found even to be 1% at fault, you cannot recover any damages.

In most states, if you are found partially responsible, your compensation is reduced by the percentage of fault attributed to you. Having a car accident attorney can be critically important. If you were involved in an Illinois accident, contact our Chicago car accident lawyers from Taxman, Pollock & Bekkerman at (312) 586-1700 for a free consultation to review your rights.