What Happens After a Car Accident With an Out-of-State Driver?

A car accident is a frightening and traumatic experience, especially when it leaves you or a loved one facing serious, painful, and potentially debilitating injuries. Added to the stressful aftermath of an accident is Oklahoma’s fault-based car accident claim process, which is necessary to recover compensation for property damage and injury-related losses, such as medical expenses, lost wages, and compensation for pain and suffering.

But what if the other vehicle involved in an Oklahoma car accident is from out of state? How does an accident with an out-of-state driver impact a car accident claim in Oklahoma?

First, Take Action at the Accident Scene

If you’ve suffered life-threatening or incapacitating injuries, you cannot take any purposeful action at the scene; however, many car accident victims can use their phone for several important purposes before leaving the scene to seek medical care.

First, use the phone to report the accident. The police report becomes crucial evidence. Then, use the phone’s camera to photograph the damaged vehicles, the out-of-state license plate on the other vehicle, and any relevant details, such as traffic signs or skid marks on the road. 

Always go immediately to a hospital for treatment, either in an ambulance or by arranging transportation as soon as the police clear you to leave the scene. Ask for a detailed medical report. Then, carefully follow your doctor’s instructions.

Be sure to report the accident to your insurance company and alert them that the other driver was from out of state. An Oklahoma City car accident lawyer can also advise you on what information to provide to your insurer.

Oklahoma’s Laws Apply to Accidents With Out-of-State Drivers

Oklahoma’s accident laws operate under a modified comparative negligence system, which applies even when one driver is from another state but the accident occurred in Oklahoma.

Under Oklahoma § 23-13 (2024), this system allows an accident victim to recover a portion of compensation even if they partially contributed to the accident, as long as their fault is less than 50%. In this case, the insurance company subtracts the accident victim’s percentage of fault from the payout on the claim.

For example, if your claim is valued at $100,000 but you are 25% at fault, you can still recover $75,000. Consulting a car accident attorney can help ensure your claim is accurately calculated.

What Are the Potential Complications After a Car Accident With an Out-of-State Driver?

Complications sometimes arise when one driver in an Oklahoma car accident is from a state with different insurance laws or a lower minimum liability insurance requirement.

For example, if the limit of the driver’s insurance doesn’t adequately cover your accident costs, you may have to file an additional claim against your own uninsured/underinsured motorist coverage if you carry this beneficial coverage.

Sometimes an insurance company tries to protect its profits at the injury victim’s expense by assigning them an undue percentage of fault to lower the amount it has to pay on a claim. The insurance adjuster may also take advantage of the differences in the state laws to delay progress on the claim or seek redundant paperwork in the hopes that an injury victim settles for less than the full value of their claim. 

An experienced Oklahoma City car accident attorney handles all communication with the insurance company, conducts an independent investigation to prove the other driver’s liability, and protects their client’s best interests throughout the claim process.

Contact Dan Davis Law at (405) 930-4210 to speak with a car accident lawyer who can help you navigate your car accident claim with an out-of-state driver.