Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Car accidents are stressful enough. The situation can become even more complicated when the other driver is from out of state. Not only are you dealing with the accident’s immediate aftermath, but you may also face legal complexities due to differences in state laws, insurance requirements, and jurisdiction. If you’re involved in a car accident with an out-of-state driver in Tulsa, learn what steps you can take to safeguard your rights and ensure your claim is processed correctly.
This guide will take you through the essential steps, explain how Oklahoma laws affect these types of accidents, and provide insights into dealing with out-of-state insurance companies.
Being involved in an accident is frightening. However, taking the proper steps in the immediate aftermath is critical. This is especially true when the other driver is from another state.
First and foremost, ensure the safety of everyone involved. Move your vehicle away from traffic if possible, but only if you’re certain you can do so safely.
Next, call 911 to report the accident. This is vital even if the damage seems minor or there are no severe injuries. Having an official police report will be helpful for any insurance claims or legal proceedings.
When exchanging information with the out-of-state driver, be sure to collect their:
Document the Accident Scene
Document the scene thoroughly. Take photos of both vehicles, the surroundings, and any visible damages. If anyone saw the accident, get witness statements, or at least get the names and contact information of witnesses. These details will be important later, especially if there are any disputes about fault.
Be aware that Oklahoma’s comparative negligence law applies to all accidents occurring within the state, even if a driver is from another state.
This means the fault will be assigned based on each driver’s role in the crash. This is why proper documentation is critical.
Even if you don’t feel injured, seeking medical attention after the accident is essential. Some injuries, such as whiplash or concussions, may not be immediately apparent.
Save copies of your medical records and bills. Such documentation could play a significant role in ensuring you receive the available compensation.
When an accident involves an out-of-state driver, there can be confusion over which state’s laws apply. Fortunately, in most cases, the accident’s location determines the applicable laws.
In Oklahoma, car accidents are subject to comparative negligence laws. This means both parties can share responsibility for the accident. If you’re found to be partially at fault, your compensation will be reduced by the percentage of fault attributed to you.
For example, if you’re found to be 20% at fault, you can still recover 80% of the damages. If the 100% of the damages had been $10,000, you may have recovered up to $8,000. It’s important to remember that Oklahoma law applies to any accident in the state, regardless of where the other driver is from.
Insurance requirements vary widely between states.
For example, Oklahoma requires a minimum of $25,000 in liability coverage for bodily injury per person. Some states have lower minimums. This can complicate the process if the other driver’s insurance coverage needs to be increased to cover your damages.
| State | Liability Coverage (Bodily Injury per Person) | Property Damage Coverage |
| Oklahoma | $25,000 | $25,000 |
| Texas | $30,000 | $25,000 |
| California | $15,000 | $5,000 |
| Florida | $10,000 | $10,000 |
As you can see, the coverage minimums in some states may not be enough to fully compensate you after a serious accident. Understanding this difference is critical when negotiating with an out-of-state insurance company.
Filing an insurance claim can be more complicated than usual when the other driver is from out of state. You may need to deal with unfamiliar insurance companies and different legal requirements.
Filing a claim with an out-of-state insurance provider can take longer than working with a local insurer. Factors that can slow down the process include:
Be prepared for potential delays in the claims process. Don’t let delays convince you to accept a settlement offer that’s unreasonably low.
If the out-of-state driver’s insurance doesn’t fully cover your damages, or if they are uninsured, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage.
This type of coverage is designed to protect you when the other driver cannot fully compensate you for your losses.
“According to the Insurance Research Council, nearly 1 in 8 drivers in the U.S. are uninsured.”
This makes it even more critical to understand your UM/UIM policy, as you may need it if the other driver’s insurance falls short.
Once you’ve left the scene, you must take the necessary steps to ensure your accident is reported correctly and your claim is filed.
Oklahoma law requires you to report any accident to the police if it involves any of the following:
You should also report the accident to your insurance company immediately, even if you believe the other driver is at fault. Your insurance provider may have requirements for how quickly you need to file a claim, so don’t delay.
Navigating the complexities of a car accident involving an out-of-state driver can be challenging. An expert car accident attorney can help you understand the intricacies of Oklahoma’s laws, deal with insurance companies, and, if necessary, represent you in court.
If you’re dealing with an out-of-state driver, consulting a local attorney early on can make the claims process smoother and help protect your rights.
If the out-of-state insurance company denies your claim, you may need to file a lawsuit to pursue damages in Oklahoma. A local attorney can help you navigate the legal process and work to ensure you receive the compensation you deserve.
Yes, because the accident occurred in Oklahoma, you can file a lawsuit in an Oklahoma court. Your attorney will help you serve the out-of-state driver and handle any legal complications that may arise.
Yes, your insurance will cover you if the accident occurred in Oklahoma. However, it’s essential to understand the specifics of your policy, including any UM/UIM coverage.
While the other driver’s state laws may differ, Oklahoma laws will govern the case since the accident occurred here. However, differences in state requirements may affect insurance negotiations.
Car accidents involving out-of-state drivers can be complicated. Still, by taking the proper steps and understanding how Oklahoma laws apply, you can protect yourself and ensure your claim is handled correctly. From documenting the accident scene to dealing with unfamiliar insurance companies, being proactive will help you navigate the process.
If you’ve been in a car accident with an out-of-state driver, working with an experienced Tulsa attorney can help you handle legal complexities and protect your rights.
Graves McLain Injury Lawyers has extensive experience dealing with car accidents, including those involving out-of-state drivers. Our team is here to provide guidance and support every step of the way.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
