Being involved in a car accident out of state can be more confusing than a local car accident because the laws of the state where the accident occurred control your injury claim against the other driver. However, your Minnesota no-fault insurance policy continues to protect you as long as you are in the United States or Canada. Our experienced Minnesota car accident lawyers can help you navigate your out of state accident claim and advise you of your legal rights.
Out of State Accidents Explained
When you are injured in a car accident out of state, the laws of the state where the accident occurred will govern your claim. This can affect the amount you recover, the deadline for filing your claim, and the procedures for doing so.
State Negligence Laws
One of the most important factors determining your compensation is your share of fault. Your ability to recover compensation will vary based on the negligence laws of the state where you file your claim. Each state has adopted one of the following types of comparative negligence laws:
- Pure comparative negligence – You can recover compensation for the accident as long as your share of the fault is less than 100 percent. Your compensation will be reduced by your percentage of fault.
- Modified comparative negligence – You can recover compensation if your share of the fault is less than 50 or 51 percent, depending on the state’s threshold. Your compensation will be reduced according to your share of fault. Minnesota follows modified comparative negligence laws.
- Contributory negligence – In a contributory negligence state, you cannot recover compensation if you share fault for the accident, even as little as one percent.
Most states follow modified comparative negligence laws, while only a few follow strict contributory negligence laws.
Does Insurance Cover Out of State Accidents?
Yes, auto insurance normally covers out of state accidents. Your Minnesota no-fault insurance coverage follows you within the United States and Canada. You must exhaust available no-fault coverage before seeking compensation through a fault-based claim. Unlike in a no-fault claim, you can recover non-economic damages like pain and suffering through a fault-based claim.
If the accident occurs in another no-fault insurance state, that state’s laws will determine the requirements for filing a claim against the responsible parties. Some no-fault states also have “severe injury” restrictions, also known as “tort thresholds,” for bringing fault-based claims (e.g., Massachusetts, Michigan, New York, and Utah).
Limitations on Damages
Some states limit (“cap”) the damages you can recover in a personal injury lawsuit. Minnesota does not impose such caps on car accident claims.
Additionally, some states, including Minnesota, allow punitive damages as punishment for intentional or grossly negligent conduct by the defendants, such as in drunk driving accidents. However, some states do not allow punitive damages or instead require them to be paid, at least in part, to a state fund.
Where Will The Car Accident Lawsuit Be Filed?
In almost every case, you must file a car accident lawsuit in the state where the accident occurred, and you will need a lawyer licensed in that state to represent you. We represent clients in the Upper Midwest, including Minnesota, North Dakota, and Wisconsin. We can also partner with attorneys in other states to ensure you have local representation and to minimize your need to travel.
If your accident involved a commercial truck, you may have additional options for filing a lawsuit. For example, if the trucking company’s corporate headquarters are located in another state, you could potentially file your lawsuit there. If the trucking company does significant business in Minnesota, you could also file your case here. We can help you select the most advantageous venue.
Contact Our Lawyers To Protect Your Legal Rights
Our top-tier personal injury law firm is dedicated to providing individually tailored services to every client, ensuring each case receives the undivided attention it deserves. Our skilled legal team can review your out of state car accident case and leverage our legal expertise to protect your right to compensation.
Our lawyers offer free, no-obligation consultations. We also work on a contingency fee basis, meaning you pay nothing unless we recover compensation through your claim. Call (651) 437-3148 or contact us online to schedule your free case review.
