What to Do if a New Jersey Driver Is Involved in an Out-of-State Accident?

New Jersey drivers often travel beyond state lines—whether for work, vacations, or visiting family. But what happens if you’re in a car accident while driving out of state? The situation can quickly become stressful, especially if you’re unfamiliar with local laws or insurance policies.

The good news? As a New Jersey resident, you have protections in place that may still apply, even if the accident occurs elsewhere. Below, we’ll walk you through what to do after an out-of-state accident, how insurance works, and when to seek legal guidance.

Insurance Coverage Across State Lines

Before you even hit the road, it’s crucial to understand how your New Jersey auto insurance policy works in another state.

• New Jersey’s No-Fault System Travels with You – New Jersey is a no-fault state, meaning your Personal Injury Protection (PIP) covers your medical expenses, regardless of who caused the accident. The good news? Your PIP coverage typically follows you across state lines, meaning that your medical bills may still be covered under your policy even if the accident occurs in a different state.
• Liability Laws Vary by State – If you’re involved in an accident in an at-fault state like Maryland or Virginia, the other driver’s insurance may be responsible for covering damages if they are found liable. Some states follow a pure comparative negligence rule, which means compensation is based on each driver’s degree of fault. Others follow a contributory negligence rule, meaning that you may be barred from recovering damages if you’re even slightly responsible.
• Uninsured/Underinsured Motorist Coverage – If you’re hit by an uninsured driver while traveling, this coverage could help pay for damages. This type of coverage is essential, especially when traveling in states with high rates of uninsured drivers. In some cases, your insurance may also cover a hit-and-run accident.

Considering the above points, it’s important to review your insurance policy before traveling and speak with your insurance provider to ensure you have the right coverage. If necessary, consider adding extra coverage, such as rental reimbursement, roadside assistance, or increased liability limits, for additional protection.

What to Do After the Accident

If you’re in an accident outside of New Jersey, follow these critical steps to protect your legal rights:

1. Call 911 – Always report the accident to the local authorities. A police report serves as an objective crash record, which can be crucial for your claim. In some states, failing to report an accident may result in fines or penalties.
2. Seek Medical Attention – Some injuries don’t show symptoms immediately, even if you feel fine. Conditions like whiplash or internal bleeding may not be noticeable right away, but a medical evaluation can detect hidden injuries and provide the necessary documentation for your claim.
3. Document the Scene – Take pictures of the vehicles, road conditions, license plates, and any visible injuries. If there are skid marks, damaged property, or weather conditions that contributed to the crash, document those as well.
4. Exchange Information – Gather contact and insurance details from the other driver(s), along with witness statements if possible. If police are present, obtain the report number and the officer’s contact details for future reference.
5. Notify Your Insurance Company – Report the accident to your insurer but avoid admitting fault or giving recorded statements until you speak with an attorney. Insurance companies may try to minimize their payout, so it’s best to consult a lawyer before making any statements that could be used against you.
6. Avoid Discussing the Case Publicly – Refrain from posting details about the accident on social media. Insurance companies and opposing parties may use your statements against you in settlement negotiations or legal proceedings.

Filing a Claim for an Out-of-State Accident

Where you file your insurance claim depends on the state where the accident occurred:

• If the accident happened in another no-fault state (e.g., Florida or Pennsylvania) – You will typically file a claim with your own PIP coverage, just as you would in New Jersey. Your medical expenses and lost wages will be covered up to your policy’s limits, regardless of fault.
• If the accident happened in an at-fault state (e.g., Maryland or Virginia) – You may need to file a claim against the at-fault driver’s insurance. If their insurer refuses to pay, legal action may be necessary. In at-fault states, the driver responsible for the crash is typically liable for damages, including property damage and medical expenses beyond what your PIP covers.

It’s important to note that insurance companies often dispute fault and liability, especially in cross-state claims. Working with a New Jersey personal injury attorney who understands multi-state accident laws can ensure you receive the compensation you deserve.

Filing a Lawsuit: Which State’s Laws Apply?

If your injuries and damages exceed the insurance coverage limits, filing a lawsuit may be necessary. However, the state where the accident occurred typically dictates the legal process.

• In No-Fault States – You may only sue if you meet a certain injury threshold, such as permanent disfigurement, significant scarring, or disability.
• In At-Fault States – You can usually file a lawsuit against the responsible party for damages such as medical expenses, lost wages, and pain and suffering.

New Jersey’s Statute of Limitations: If you need to file a lawsuit, New Jersey law (N.J.S.A. 2A:14-2) gives accident victims two years from the crash date to take legal action. However, if the lawsuit must be filed in another state, that state’s statute of limitations may apply.

Compensation Available After an Out-of-State Accident

The damages you can recover depend on the severity of your injuries and the laws in the state where the crash happened. Potential compensation includes:

• Medical expenses (hospital bills, rehabilitation, therapy)
• Lost wages if you are unable to work due to the injury
• Pain and suffering for physical and emotional distress
• Property damage for vehicle repairs or replacement
• Wrongful death damages if a loved one was fatally injured in the accident
• Punitive damages in cases of gross negligence, such as drunk driving or reckless behavior

A skilled personal injury attorney can help maximize your compensation by handling negotiations and legal filings on your behalf.

Hire a Professional Attorney for an Out-of-State Accident

Navigating an out-of-state accident claim can be complex, but you don’t have to go through it alone. The Rosengard Law Group has experience handling personal injury claims for New Jersey residents injured in other states.

Our attorneys can:

• Investigate the accident and determine the liability
• Handle negotiations with insurance companies
• Ensure you receive fair compensation for your injuries and damages
• File a lawsuit if necessary to protect your rights
• Navigate jurisdictional challenges when dealing with out-of-state legal systems

If you were involved in an out-of-state car accident, call Rosengard Law Group today for a free consultation. We’ll review your case and help you take the right legal steps, no matter where the accident happened.