How to Handle a Car Accident Claim With an Out-of-State or Undocumented Driver in Florida

Every time Florida drivers get behind the wheel, they know that there’s a chance they’ll be hit by an out-of-state driver. Florida has a variety of factors that put drivers at heightened risk. The economy is very tourism-dependent, so the roads are often full of out-of-state, and even out of the country visitors driving rental cars in areas they’re unfamiliar with. The Tampa region has multiple colleges and universities that bring students from all over the country. Finally, there are also seasonal residents who may not technically be considered Florida residents.

When the other driver in an accident is from another state, that poses new challenges you’ll need to address as you work through the claims process. Call MattLaw Car Accident & Personal Injury Lawyers today to set up a consultation now.

Why it matters if the driver is from another state

From the outside, the fact that a driver is from a different state might seem irrelevant—an accident is an accident. However, the tourist- and student-heavy population of the Tampa area can change why accidents happen and how you proceed.

To start, driving in Tampa means you’re likely sharing the road with those who are unfamiliar with the area and its roads. This means that you may be involved in a crash caused by a driver going the wrong way on a one-way street, a driver stopping and starting erratically as they look for their turn, or drivers who drive far too fast or slow for the conditions.

Additionally, an area filled with tourists means roads with a higher-than-average amount of rental vehicles. When you’re involved in a collision with a rental vehicle, the claims process is considerably more complex. There are other parties involved and other insurance policies that may come into play.

Collisions with college students are challenging in their own specific ways. These drivers tend to be younger, putting them in the age group with the highest rate of accidents. They may be insured in their home state, which means their policy may differ from yours significantly. If your accident happens close to a school break or holiday, you may struggle to communicate with the student if they’ve returned home.

Legal and insurance considerations

Florida’s no-fault car insurance system is a major factor in collision with out-of-state drivers. PIP generally covers limited medical expenses regardless of fault (subject to Florida’s treatment-timing and benefit-limit requirements). This may be particularly useful if you’re hit by an underinsured student or an out-of-state tourist with limited or disputed liability coverage.

However, there are limits to PIP—and there are cases where you can seek compensation from the other party. It’s important to understand the nuance of these situations and discuss your case with a car accident lawyer at MattLaw.

Florida’s long-arm statute generally allows Florida courts to exercise jurisdiction over out-of-state drivers whose negligence causes an accident in Florida. In other words, if a driver’s negligence causes a collision in Florida, they can be sued in the state of Florida. The process can be challenging and time-consuming, though, so it’s important to work with an attorney with experience in this area.

Finally, don’t forget about Florida’s comparative negligence law. In Florida, you may recover damages as long as you are 50% or less at fault. However, your compensation will be reduced proportionate to your share of liability.

What to do after a crash

What you do immediately after a collision matters, particularly when you’re dealing with an out-of-state driver who may or may not be around in a week or two. Start by reporting the accident—to the local non-emergency line if it’s a minor accident or to 911 if there are injuries. A police traffic crash report is often helpful.

Get the other driver’s contact information. This is non-negotiable. You should consider asking to see their driver’s license so you know that you have the right name and contact information. You can also call the number they give you right away to see if their cell phone rings. There’s no shortage of out-of-state drivers who give fake information to other drivers to dodge liability, and you don’t want to end up in that situation. Take photographs of them, their driver’s license, car, tag, vehicle registration and the VIN on the windshield.

Document the scene of the crash, making sure to get photos that show the location of the crash and the road conditions. There’s a good chance that the out-of-state driver won’t be able to identify where the crash happened, so you want conclusive proof backing up your claims.

Seek medical care and call MattLaw before you contact your insurance company.

Unique challenges and tips

Timing is crucial in any car accident case, but it’s particularly important when the driver is a non-resident. They may be preparing to leave Florida, and contacting them quickly could save your personal injury claim. The sooner your insurance company or attorney can contact them, the better your odds are of holding them accountable for the collision.

Evidence may also disappear quickly if the driver was operating a rental vehicle. Rental vehicles get repaired and cleaned promptly after return, and you want your attorney to be working on your case before that evidence disappears.

Explore your options with MattLaw Car Accident & Personal Injury Lawyers

With our team of car accident attorneys, you can fight for fair compensation and hold out-of-state-drivers responsible for their negligence. Call us today or get in touch online to discuss your case now.