Which state laws govern an out of state auto accident?

Which state laws govern an out of state auto accident?

I was in a car accident in Kentucky,however, I live in and have an insurance policy written in Indiana. The other driver was also from out of state, with insurance from Virginia, and was at fault. Which state insurance minimums take precedence, and which state insurance laws for benefit payments take precedence? I know that I have to have an attorney from Kentucky represent me, but I’m confused that the guidelines for my policy have to follow Indiana laws. Can you give me some clarification? Thank you.

Jimbo

The only laws that matter are the laws of the state where the accident took place. Where the drivers are from or where the cars are registered is irrelevant.

Giselle

I have been in this situation before. Whoever was at fault will have their insurance company pay out. Your insurance company may not even have to be involved.

lucy

msad is right on the money.one thing. have you hired an attorney? if not, you may not have to. just because you are in an accident, does not mean you have to have an attorney. i am thinking you have injuries?if not hired an attorney so far, i suggest you call your insurance company in indiana. i live in indiana also and kentucky has pip and their injury guidelines are different than they are in indiana. a claim adjuster can explain what they are.years ago, i handled a few kentucky claims since i handled pip in other states, but that was years ago.your adjuster in your own insurance company can guide you. also if you have injuries, you may want to submit those bills to your own insurance company since it would be primary on your policy if you have the coverage.good luck

mbrcatz

The location of the accident, is the governing factor.KY minimums apply. That would be, 25/50/10. As VA minimum is 25/50/20, higher than KY, the higher limits apply.

MSAD

The laws for the state where the accident happened govern how the claim will be handled. If a law suit were to be filed, it would be filed in the state where the accident happened.That being said, your policy language does not change just because the accident happened out of state. You still have the same duties and rights under your policy. There is a clause in your policy that addresses other states coverage. This is a pretty standard clause in any auto policy.According to the other states clause -- if you go to another state and that state has higher minimum limits than those required by your state, you policy automatically goes up to meet the other states minimum limits. However, if your limits are higher than the states minimum limits, your policy does not go down.For example: you live in Alabama - minimum limits: 20/40. You have an accident in Georgia: minimum limits: 25/50. Your policy goes up to provide 25/50.Now....You live in Georgia: 25/50 and have a wreck in Alabama: 20/40. Your policy will still provide 25/50. It does not go down.Source(s):Insurance Adjuster 12 years

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