Bart Durham Personal Injury News & Blog

What Happens if I'm Injured in a Wreck While on Vacation?

Written by Bart Durham Injury Law | Jan 10, 2019 8:53:35 PM

You’ve waited all year for this vacation. You’ve saved, spent endless hours on planning the details, and your family is very excited. Then, a car accident happens ruining the day and possibly the whole vacation.

If you’re traveling a good ways from home or are out-of-state, it can be especially troubling because you may not be familiar with your surroundings or have access to the information you need. You may have questions like, “Where do I go to get treated?” or “Which state laws apply to my accident?” or “Who will pay my medical bills?”

Whether you’re traveling in-state or have ventured across the country, there are things to know when you get in a car accident on vacation. When a crash occurs where you are can impact what you do right after as well as the days and weeks following.

In-State Car Accident Injury

When there is an accident in your home state and you are injured, you need to know if you are in an at-fault state or a no-fault state. For example, Tennessee is a fault-based state where the at-fault driver (or their insurance) is responsible for paying the damages and injuries suffered by the accident victim up to the limits of the policy holder.

If your home state is a no-fault state, but you are injured in an at-fault state, you may have PIP (Personal Injury Protection) along with MedPay that will cover you. If the accident if proven to be the fault of the other driver, their insurance will pay, but if the accident is proven to be your fault, your insurance will pay.

In the event you are injured in an accident in your home state, reach out to an injury law attorney. We will carefully go over your case and make sure you are getting what you are entitled to by your insurance company or the other driver’s insurance. And if it turns out that you have been wrongly treated, we will help you get compensation for expenses.

Car Accident Injuries Out of State

If you’re traveling out-of-state and get into a car accident there are a few things to keep in mind, especially if you plan on seeking compensation to recover medical costs, costs to repair your vehicle, travel expenses, and living expenses. We’ve taken time to answer some of the most common questions.

Will insurance cover an out-of-state accident?

Typically, insurance policies extend beyond state lines. So, if you opened a policy in New York and get in a wreck in Tennessee, your insurance should cover you the same as if you got into an accident in New York. Call your insurance company after an accident, and they will assign you an adjuster that may be in your home town or in the city where the accident happened depending on their policy. They should be able to get you the help you need including rental car, towing, etc., if it’s covered by your policy.

Where do you file a lawsuit in your home state or in the state where the wreck occurred?

In almost all cases, you will file a suit in the state where the accident occurred. For example, if you are involved in an accident in Tennessee, you will contact a Tennessee accident attorney and file a claim there. Each state has their own statute of limitations and conditions which could affect your case. It’s important to contact an attorney right away in order to know how much time you have and if we can help you recover compensation.

No one wants to be in an accident. It’s always best to be proactive and try to avoid dangerous situations and drive safely.

If you are injured in an auto or big truck accident in Tennessee or Kentucky