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What Happens When You’re Hit by an Out-of-State Driver?
Dealing with the aftermath of a car accident is stressful under any circumstances. However, these incidents can be especially complicated if the driver that struck you is from another state. Out-of-state driver accidents introduce a new layer of complexity involving issues like insurance coverage, and it might not be clear who is responsible for your losses.
The good news is that you have options. When you hire an attorney to advocate on your behalf, you can put yourself into the best position to recover compensation, even from an out-of-state driver.
Insurance Coverage Still Applies in Florida
Out-of-state drivers are legally required to carry valid auto insurance while driving in Florida. Fortunately, most insurance policies automatically adjust to meet the minimum requirements of the state where the accident occurs. In Florida, this means at least:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
These minimums are important, but they may not be enough to cover serious injuries or damage. If your injuries exceed what PIP covers, you may need to file a third-party liability claim against the out-of-state driver.
Florida’s No-Fault System Applies
Florida is a no-fault state, which means that after an accident, you typically turn to your own insurance first no matter who was at fault. Your PIP covers up to $10,000 in medical expenses and a portion of lost wages, although it is less than you might recover through a civil suit.
However, if your injuries are considered “serious” under Florida law, you can step outside the no-fault system and pursue a liability claim directly against the at-fault out-of-state driver. This gives you the chance to recoup your full lost wages, pain and suffering, and other damages not covered by PIP.
Florida Law Governs the Accident
Even if the other driver is from another state, Florida law applies to this collision. That includes not only insurance rules but also traffic laws as well. If the accident goes to court, it will be heard in a Florida court, not in the driver’s home state. This means you don’t have to travel or file a lawsuit elsewhere. The out-of-state driver is subject to Florida’s rules simply by driving here, and our attorneys can work to hold them accountable.
Determining Liability After a Crash
When the accident is serious enough to warrant a liability claim, fault will be determined under Florida’s comparative negligence system. If the out-of-state driver was 100% at fault, you may pursue full damages from their insurer. If you were partially at fault, your compensation may be reduced by your percentage of responsibility. This means you could have a path to recovering damages even if you shared in some of the blame for the collision.
Learn How Our Firm Can Help
If you have been injured in a collision with an out-of-state driver, our team can help. At Clark, Fountain, Littky-Rubin & Whitman, we understand the steps that go into holding these negligent drivers accountable. Contact us as soon as possible for a free consultation.
Frequently Asked Questions
- Does Florida law still apply if the other driver is from another state?
Yes. If the crash happens in Florida, Florida traffic, insurance, and personal injury laws govern the claim, even when the at‑fault driver’s car is registered elsewhere. The out‑of‑state driver effectively agrees to follow Florida law simply by driving on Florida roads.
- Is an out-of-state driver’s insurance valid in Florida?
In most cases, yes. Auto policies are typically written to “expand” to meet the minimum financial responsibility requirements of whatever state the insured is driving in, including Florida. That usually means the out‑of‑state policy will provide at least Florida‑level liability coverage when its driver causes a crash here.
- Do my own PIP benefits still come first?
Yes. Because Florida is a no‑fault state, you start with your own Personal Injury Protection (PIP) for medical bills and a portion of lost wages, regardless of where the other driver lives. Only when your injuries cross Florida’s “serious injury” threshold can you step outside no‑fault and pursue a liability claim against the out‑of‑state driver.
- What if my injuries are more serious than what PIP covers?
If you suffer qualifying serious injuries—such as permanent impairment, significant scarring, or major loss of bodily function—you can bring a third‑party claim against the out‑of‑state driver. That claim may seek full medical costs, all lost income, and non‑economic damages like pain and suffering that PIP does not pay.
- Do I have to file a lawsuit in the other driver’s home state?
Generally no, not if the crash occurred in Florida. Florida courts can exercise jurisdiction over non‑resident drivers who cause accidents here, meaning your lawsuit can usually be filed and litigated in a Florida court close to where the wreck occurred. You typically won’t be forced to travel to the defendant’s home state just to pursue compensation.
- How does fault work when one driver is from out of state?
Florida’s comparative negligence rules still apply. If the out‑of‑state driver is 100% at fault, you can seek your full damages from their liability coverage (and potentially your own underinsured motorist coverage). If you are partly to blame, your compensation may be reduced in proportion to your share of fault, but you may still recover something.
- What happens if the out-of-state driver has low limits or no insurance?
If the at‑fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage can become extremely important. This optional coverage may help pay for medical care, lost wages, and pain and suffering when the out‑of‑state driver’s policy is missing or inadequate.
- Are rental cars treated differently if the other driver is a tourist?
When the out‑of‑state driver is in a rental car, there may be additional layers of coverage, such as the rental company’s policy, any protection the driver purchased at the counter, and the driver’s personal auto policy. Sorting out which policy applies—and in what order—can be complex and is often best handled by an attorney.
- What should I do at the scene if the other driver is from another state?
The immediate steps are similar to any serious crash: call law enforcement, get medical help, photograph the scene, exchange insurance details, and collect witness information. It is especially important to verify the out‑of‑state driver’s license and insurance card and to note any rental company information, since it may be harder to track them down later.
- When should I contact a Florida personal injury lawyer after a crash with an out-of-state driver?
You should speak with a Florida personal injury attorney as soon as possible if your injuries are more than minor, your PIP is likely to be exhausted, or fault is disputed. An attorney can explain how Florida’s no‑fault, serious‑injury threshold, jurisdiction rules, and insurance layers work together and then build a strategy to pursue full compensation from the out‑of‑state driver and any other responsible parties.
