Car Accident Out Of State: What Michigan Residents Need To Know
If you are a Michigan resident injured in a car accident out of state, you may be able to recover pain and suffering compensation from the at-fault driver and No-Fault benefits from the responsible insurance company. Your own Michigan liability insurance helps provide protection if you cause an automobile crash in another state.
Knowing what your legal rights are in the event of an automobile crash in another state is crucial for Michigan residents who are injured in the crash, whether that means you are taking a road trip to Cedar Point in Sandusky, Ohio, or Disney World in Orlando, Florida, or to watch the Detroit Tigers play the Toronto Blue Jays play in Ontario, Canada.
It’s inevitable with travel that people who live in Michigan will also be involved in car accidents out of state. As a lawyer who speaks nationally on automobile crashes, I will share below the many ways you can recover if you are injured by a negligent driver, as well as how a Michigan driver’s own No-Fault auto insurance will come into play with an automobile crash in another state.
To learn more, check out this video of attorney Brandon Hewitt’s interview on WZZM 13 Grand Rapids:
What to after a car accident out of the state of Michigan
After a car accident outside the state of Michigan, first ensure safety by checking for injuries and moving to a safe location if possible. Call 911 or local emergency services for help. Gather information by exchanging details with the other driver and any witnesses. Document the scene with photos and notes. Don’t admit fault, obtain a police report, contact your insurance company promptly, and hire an experienced lawyer. Below is a detailed breakdown of these steps:
Prioritize safety
Safety comes first. Check yourself and your passengers for injuries and move the vehicle to a safe location if possible. If it can’t be moved, turn on hazard lights and call 911, since crash laws and reporting requirements may differ by state. Document the scene early to protect yourself.
Call 911
After a car accident out of the state of Michigan, one of the most important steps is to call for help right away. Dial 911 or the local emergency number to report the crash and request assistance, even if injuries seem minor. Emergency responders can provide medical care, ensure safety on the roadway, and create an official crash report that may be required for insurance or legal purposes. Since you are outside your home state, calling for help also ensures you are following local laws and procedures, giving you peace of mind while handling the situation.
Gather information
It’s important to gather information to protect yourself legally and financially. Exchange names, phone numbers, driver’s license, insurance details, and license plates. Take photos of the scene, vehicle damage, and road conditions, and note witness contacts if available.
Document the scene
Documenting the scene is crucial. Take clear photos of all vehicles, damage, license plates, road conditions, and traffic signs. Note the time, location, weather, and any witness information. Thorough documentation helps with insurance claims and legal protection.
Obtain a police report
Obtain a police report by contacting the local law enforcement who responded to the scene. This report is vital for insurance claims and legal matters, providing an official record of the crash details and any citations issued. Request a copy for your records promptly.
Don’t admit fault
It’s important that you don’t admit fault at the scene. Stay calm, exchange information, and stick to the facts when speaking with the other driver, witnesses, or officers. Admitting fault too soon can affect insurance claims and legal outcomes later.
Contact your inurance company
You should contact your insurance company as soon as possible. Report the details of the crash, provide documentation, and explain it happened out of state so they can guide you through the process, clarify coverage, and help with any next steps.
Consult a lawyer
After a car accident out of the state of Michigan, consult a lawyer experienced with interstate crashes. They understand both our state’s No-Fault laws and the other state’s rules, helping you navigate complex legal issues, protect your rights, and maximize compensation across state lines. Choose someone knowledgeable in both jurisdictions.
What state laws will govern the crash?
If you’re involved in a car accident outside of Michigan, the laws of the state where the crash occurred will govern your case. Each state has its own rules regarding traffic laws, insurance requirements, and liability, so it’s important to understand and follow the local regulations. This means that the fault determination, claims process, and legal deadlines (statute of limitations) are based on the state where the crash happened.
Can I sue for my injuries and pain and suffering if I was injured in a car accident out of state?
You can bring a lawsuit and sue an at-fault driver for your injuries and pain and suffering compensation after being injured in a car accident out of state. Different states have different laws and tort thresholds, so the legal requirements for suing an at-fault driver who caused your automobile crash will be determined by the laws of the state in which your crash occurred.
Do Michigan No-Fault benefits apply to a car accident out of state?
No-Fault benefits under Michigan’s auto insurance law apply to car accidents in other non-resident states so long as the crash occurs “within the United States, its territories and possessions, or Canada.” (MCL 500.3111)
Who can recover Michigan No-Fault benefits after a car accident out of state?
After a car accident out of state, you can recover Michigan No-Fault PIP benefits if: (1) you were the named insured on a No-Fault policy; (2) you were the spouse or resident relative of a named insured; (3) you were a vehicle occupant and a Michigan resident; or (4) you were an occupant of a vehicle covered by Michigan No-Fault insurance. (MCL 500.3111)
There is a natural conflict that often arises for lawyers who often want to sue for medical bills and other economic losses that are also covered by Michigan No-Fault benefits. This is often because out-of-state lawyers don’t understand Michigan No-Fault, but it sadly can sometimes also be motivated by a lawyer’s desire to take a larger fee. This is a complicated issue that often will require a weighing of costs and benefits. It will also require an analysis of an individual’s PIP coverage, specifically whether it is an unlimited PIP policy or has a lower PIP cap amount. It is important to be aware that your No-Fault insurer will be able to recover dollar for dollar from any out-of-state tort recovery that duplicates benefits already recovered from No-Fault. Unfortunately many out-of-state personal injury lawyers who do not understand Michigan No-Fault get this wrong.
Can your No-Fault insurer put a lien on your pain and suffering settlement after an automobile crash in another jurisdiction?
The Michigan auto insurance company that pays your No-Fault benefits after a car accident out of state can assert a lien on your third-party tort recovery against the at-fault driver, but only as to economic damages that cover medical bills, lost wages and other items that are covered by No-Fault.
Michigan’s No-Fault law provides the following explanation:
“A subtraction from or reimbursement for personal protection insurance benefits paid or payable under this chapter may be made only if recovery is realized on a tort claim arising from a crash that occurred outside this state . . . and may be made only to the extent that the recovery realized by the claimant is for damages for which the claimant has received or would otherwise be entitled to receive personal protection insurance benefits.” (MCL 500.3116(2))
To learn more about Michigan No-Fault liens on tort settlements for an automobile crash outside Michigan, please check out our blog post about an auto insurer’s right of reimbursement for No-Fault benefits paid in connection with an automobile crash in another jurisdiction.
How do Michigan residents pay for vehicle damage repair after a car accident out of state?
To pay for your vehicle damage after a car accident out of state, Michigan residents may need to sue the at-fault driver who caused the crash. It depends on whether the jurisdiction where the crash occurred uses a tort liability system requiring at-fault drivers to pay for the vehicle damage they cause.
If the applicable jurisdiction’s law does not permit the at-fault driver to be sued or if the at-fault driver was uninsured, carries inadequate property damage coverage, or lacks the financial resources to pay for your vehicle damage repairs, then you may also have to file a claim under your own collision coverage.
However, the extent to which collision coverage will apply depends on whether you purchased a collision policy for your vehicle and the coverage terms under your policy. Collision coverage is considered optional coverage and is sold for an additional added premium by your insurance company.
What happens if you cause an automobile crash in another jurisdiction that results in bodily injury?
If you are a Michigan resident who is at-fault in causing a car accident out of state “within the United States, its territories and possessions, or in Canada” that results in “bodily injury” or “death,” your Michigan residual liability insurance coverage will help pay for compensation that you may owe. (MCL 500.3101(1); 500.3009(1); 500.3131(1))
Your residual liability insurance – which is also referred to as bodily injury liability coverage – may help you to pay damages that the victim or victims of the crash are seeking for: (1) medical bills; (2) pain and suffering; and (3) lost wages.
It is important to remember that your residual liability insurance may only provide coverage that is “equivalent” to – but not more than – the minimum amount of bodily injury liability insurance coverage that is required by the law of the state in which the crash and injury occurred. (MCL 500.3131(1))
What happens if you cause an automobile crash in another state that results in property damage?
Your Michigan residual liability insurance will help you pay for “property damage” that you may owe if you are found to be at-fault for causing a car accident out of state and “within the United States, its territories and possessions, or in Canada.” (MCL 500.3101(1); 500.3009(1); 500.3131(1))
However, your residual liability insurance may only provide coverage for “property damage” that matches – but does not exceed – the minimum amount of property damage liability insurance coverage that is required by the law of the state in which the crash and injury occurred. (MCL 500.3131(1))
Property protection insurance does not apply to an automobile crash in another state
Your No-Fault “property protection insurance,” which provides up to $1 million in coverage for “accidental damage to tangible property” such as safely parked vehicles, fences or trees, does not apply to automobile crashes “occurring outside the state.” (MCL 500.3101(1); 500.3121(1) and (5); 500.3123(2))
If I’m a Michigan resident in a car accident out of state do I need to hire an in-state lawyer or hire a lawyer in the state where the crash occured?
If you are a Michigan resident involved in a car accident out of state, it’s often best to hire a lawyer in Michigan who understands our complex no-fault insurance system and can protect your rights under state law. However, you may also need to hire a lawyer in the state where the crash occurred to handle local legal procedures, especially if you plan to file a lawsuit there.
A Michgigan attorney can coordinate with out-of-state counsel to ensure you receive any Michigan No-Fault benefits you’re entitled to while navigating the other state’s laws. Because out-of-state lawyers may not fully understand our state’s unique insurance rules, having a Michigan-based attorney is important to maximize your coverage and compensation options. This dual approach helps cover both the local legal requirements of the crash and Michigan’s protections for its residents.
Are you a Michigan resident who has been injured in a car accident out of state? Call a Michigan Auto Law attorney for a free consultation
If you or a loved one is a Michigan resident and was injured in a car accident out of state and you have questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, you can call toll free anytime 24/7 at (800) 968-1001 for a free consultation with one of our experienced attorneys. You can also get help by visiting our contact page or you can use the chat feature on our website.
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