Every driver in New York has to carry car insurance, and people know they can exchange policy information with other local drivers after a crash. People may feel less certain about the rules that apply when the driver at fault for a crash is from another state. What happens when the person at fault for a New York collision is a resident of Delaware, Minnesota or any other state?
The same procedural rules apply
Drivers must report the crash to local authorities, share information with one another and then handle the aftermath of the crash as they usually would. A crash report helps validate what happened and who was at fault.
Even if the out-of-state driver was unfamiliar with local regulations, they may still be liable for crashes they caused. Drivers should ensure that police officers know what happened before the crash so that they can properly assign responsibility for the wreck.
Insurance coverage should be available
Liability car insurance is mandatory in almost every state in the country. Drivers retain that coverage even if they leave the state where they secured their policy for travel.
A policy underwritten in another state should provide coverage for a collision in New York in most cases. State law requires that insurance companies that issue policies in New York recognize in-state claims made against the drivers who secured their coverage in other states.
Additionally, the New York resident involved in the collision may be able to use their personal injury protection (PIP) coverage from their own policy to cover medical expenses. In fact, they may even have uninsured and underinsured motorist coverage that can help supplement the coverage carried by the other driver if the costs go beyond what their policy can pay.
A civil lawsuit may also be an option if the other driver lacks insurance or the crash causes substantial injuries. The filing typically takes place based on the location of the crash, not the address of the driver who was at fault for the wreck.
Understanding the basic rules that govern insurance coverage can help people navigate stressful scenarios when other drivers cause serious crashes. Individuals preparing for a complicated cross-state insurance claim or a lawsuit against an out-of-state driver may need legal support, and that’s okay.