The Hoffmann Law Firm, L.L.C. Articles What Happens If You Get in a Car Accident on a Road Trip?

What Happens If You Get in a Car Accident on a Road Trip?

By Christopher Hoffmann  Jun. 22, 2018 2:02p

Summertime is a great time to go exploring. With the kids out of school, nothing is better than hopping in the car for some family time and seeing the US all from the window of your family roadster together.

However, when you are traveling across the country, there are things you have to be aware of regarding car accident law, to make sure that you aren’t left vulnerable if you are in an accident.

What are the different types of “fault” states?

Missouri is a comparative law state for an auto accident. That means it is possible for more than one driver to be held liable and responsible for a car accident. The way that a comparative law state operates is that each party involved in an accident is given a percentage of negligence that they contributed to the crash.

Once the total cost of the accident is calculated, each driver is responsible for paying their “portion,” or percentage, of fault for the crash.

What is an at-fault state?

An at-fault state is when only one driver can be found negligent in a car accident. Generally, if someone is found to be more than 50% negligent and responsible for an accident happening, then they are liable for paying for 100% of the cost of it.

If you are in an accident in a state that is an at-fault state, the driver who is responsible for the crash pays the tab. In most cases, that is not a problem with your insurance company when you are traveling to other states.

What is a no-fault state?

Several states operate under the no-fault law for car accidents. No-fault means that it doesn’t matter who is responsible for a crash. When an accident happens in a no-fault state, each driver is responsible for paying for their portion of the accident, even if they are entirely not at-fault.

If you are driving in a no-fault state and an accident occurs in which you are not-at-fault, then it might pose an issue with your insurance company.

Since the driver who is at-fault is not responsible for paying for the accident due to the laws of a no-fault state, that would leave your carrier accountable for paying for your damages and injuries if you are in a crash.

In some instances, the insurance companies will work out a settlement if you travel across state lines, but there are times when you might have an issue with getting your damages paid for if you are in an accident in a state that operates under different fault rules.

If you are going out of town, it is best to check up with your insurance company to find out if you need additional coverage, just in case.

If you are in an accident in another state where car accident laws are different and are having a hard time getting your damages paid for, it is a good idea to speak with a St. Louis car accident lawyer to aunderstand what you are legally entitled to. Call us 24/7 at (314) 361-4242 for a FREE case evaluation.

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