If you are involved in a car accident outside of Minnesota, you may face some confusion about your legal rights and the process for recovering compensation. In such cases, the laws of the state where the accident occurred will typically govern your claim. However, your Minnesota no-fault insurance policy continues to protect you as long as you are within the United States or Canada. This page outlines what happens when you’re in a car accident out of state and how an experienced Minnesota car accident lawyer can assist you.
Navigate This Page
- How Are Out-of-State Car Accidents Handled Legally?
- What Are the Types of Negligence Laws in Other States?
- Does Insurance Cover Out-of-State Accidents?
- Are There Any Limitations on Damages in Out-of-State Car Accidents?
- Where Should You File a Car Accident Lawsuit?
- How Can Our Minnesota Car Accident Lawyers Help You?
How Are Out-of-State Car Accidents Handled Legally?
When you are injured in a car accident outside of Minnesota, the laws of the state where the accident occurred will govern your claim. This means that the amount you recover, the filing deadlines, and the procedures may differ depending on that state’s laws. The state’s negligence laws will play a crucial role in determining your compensation.
What Are the Types of Negligence Laws in Other States?
Your ability to recover compensation depends largely on the negligence laws of the state where the accident took place. States generally follow one of these three systems:
- Pure Comparative Negligence: You can recover compensation as long as you are less than 100% at fault, but your compensation will be reduced by your percentage of fault.
- Modified Comparative Negligence: If your fault is less than 50% (or 51%, depending on the state), you can recover compensation, which will be reduced based on your fault percentage. Minnesota follows this system.
- Contributory Negligence: If you are found to be even 1% at fault, you cannot recover compensation. Only a few states follow this strict rule.
Does Insurance Cover Out-of-State Accidents?
Yes, auto insurance typically covers out-of-state accidents. Your Minnesota no-fault insurance policy will provide coverage if you’re in the United States or Canada. However, you must first use your no-fault insurance to cover your losses before pursuing a fault-based claim. In cases where the accident occurs in a no-fault state, that state’s laws will govern the claim, and there may be “severe injury” restrictions (also known as “tort thresholds”).
Are There Any Limitations on Damages in Out-of-State Car Accidents?
Some states place limits on the amount of compensation you can recover in personal injury lawsuits. While Minnesota does not impose such caps on car accident claims, certain other states do. Additionally, in cases involving gross negligence or intentional actions (such as drunk driving), some states allow punitive damages, which Minnesota also permits. However, certain states may place restrictions on punitive damages or mandate that they be paid to a state fund.
Where Should You File a Car Accident Lawsuit?
Generally, you must file a lawsuit in the state where the accident occurred. To represent you, your lawyer must be licensed in that state. If your accident involved a commercial vehicle, there may be additional filing options. For example, if the trucking company’s headquarters are located in another state, or if the company does significant business in Minnesota, you may be able to file your lawsuit in Minnesota.
How Can Our Minnesota Car Accident Lawyers Help You?
Navigating an out-of-state car accident claim can be complex. Our team of experienced car accident attorneys at Sieben Polk P.A. can help guide you through the process and ensure that your rights are protected. We offer free, no-obligation consultations and work on a contingency fee basis, meaning you only pay if we recover compensation on your behalf.
