How To File a Car Accident Claim If You’re an Out-of-State Driver in Albany, NY

If you were involved in a car accident in New York as an out-of-state driver, you may initially feel overwhelmed and unsure how to proceed. Is the claims process different across states? Does your insurance policy cover an out-of-state-driver car accident claim?

The good news is that the majority of car insurance policies extend coverage to every state across the U.S. That means your insurance should protect you no matter what state you were driving in at the time of the accident. 

However, New York is a no-fault state when it comes to insurance claims, and this may complicate your claims process. 

How New York’s “No-Fault” Insurance Law Impacts Your Claims Process

As a “no-fault” state for car insurance, New York requires residents to carry their own personal injury protection (PIP) insurance. All drivers who reside in the state must carry at least $50,000 of PIP coverage. 

PIP covers the policyholder’s injuries and losses, regardless of who was at fault for the accident. In a crash between two New York drivers, both drivers would submit a claim to their own insurance, even if one driver was clearly at fault. 

If you come from a state with no-fault insurance laws, you may be able to follow the same process after an accident in New York. These states include:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• New Jersey
• New York
• North Dakota
• Pennsylvania 
• Utah

But if you do not have PIP insurance, your out-of-state driver injury compensation may look a bit different. An interstate auto accident lawyer can advise on the proper method of filing claims as an out-of-state driver in New York. 

Your Options for Filing a Cross-State Auto Insurance Claim 

The route you take for your out-of-state-driver car accident claim depends on the insurance you and all the drivers involved in the accident hold. Generally, you should attempt each of these claims processes in the following order of priority. 

Option 1: File Under Your Own Personal Injury Protection (PIP) Policy

If you have personal injury protection (PIP), you’ll want to file an insurance claim under your own policy. This insurance covers the costs related to your bodily injury, such as:

• Hospital fees
• Ambulance bills
• Lost wages

This would be the easiest way to submit a car accident claim while traveling. 

Option 2: File Under the Driver’s Liability Policy 

Even though New York is a no-fault state for insurance claims, this typically only applies to injuries. Personal injury protection covers your medical expenses from an accident, not physical vehicle damage. At the very least, you should be able to submit an out-of-state-driver car accident claim for physical damage to the at-fault driver’s liability insurance. 

If the other driver also had personal injury liability insurance, you may be able to claim your injuries and medical expenses through their insurance. While New York does require drivers to carry bodily injury liability coverage, they only need $25,000 per person and $50,000 per accident. 

Option 3: File Under Your Own Uninsured/Underinsured Motorist Policy 

If you have uninsured/underinsured motorist insurance, this may cover you if you cannot submit a claim through the at-fault driver’s insurance. Meanwhile, if you were at fault for the accident, you’ll need to submit a claim through your own insurance either way. 

Seek Legal Assistance With Your Out-of-State-Driver Car Accident Claim 

If you need help navigating out-of-state car accident claims in New York — or pursuing a non-resident car accident lawsuit against the at-fault driver — our skilled attorneys are here for you. Contact Cantor, Wolff, Nicastro & Hall LLC today at 716-848-8000 or fill out our contact form for legal help with your out-of-state-driver car accident claim.