If you have been in a car accident with an out-of-state driver in New York, you likely have questions about insurance claims and liability. Usually, New York follows a no-fault system in which each driver files a claim with their own insurance provider under Personal Injury Protection (PIP) coverage. But does this no-fault system still apply when an out-of-towner is involved?
At the Wohlgemuth Law Firm PLLC, our car accident lawyers in New York have experience with complex multi-state cases. Below, we explain what you should know about insurance coverage, claims, and legal options following a collision with an out-of-state driver.
What To Know About Accidents Involving Out-of-State Drivers in New York
In 2024, nearly 65 million people visited New York City. Of course, some of these people flew to their destination and did not drive, but this still leaves many out-of-state visitors on the roads.
From 2012 to 2014, over 1,000 people died and over 136,000 visited emergency rooms from car accident injuries in New York. Car accidents are a common reality here, and you might very well end up involved in one with someone from out of state.
In a car accident involving an out-of-state driver, New York’s no-fault insurance laws generally still apply. In this case, injured parties first seek compensation through their own Personal Injury Protection (PIP) coverage, regardless of which driver caused the collision. PIP may cover medical expenses, certain lost wages, and other necessary costs up to the applicable policy limits.
Out-of-state drivers may still be able to access PIP coverage (or similar options) if their insurer is licensed to operate in New York. Driving without coverage from a provider that is licensed in the state can result in penalties.
Disputes can arise when the visiting driver’s insurance policy was issued in another state and is not licensed to operate in New York, creating a similar situation to getting in a collision with an uninsured or underinsured driver. Lawsuits against the at-fault driver may be permitted if the injured person meets New York’s “serious injury” definition under the state’s law.
Navigating Liability in Car Accidents Involving Out-of-State Drivers in New York
An injured person may go outside of the no-fault system by filing a lawsuit against another party if their injuries qualify as “serious” under Insurance Law § 5102(d). This threshold includes significant disfigurement, fractures, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. In accidents involving out-of-state drivers, these lawsuits are typically still governed by New York law when the collision occurs within the state.
Establishing liability often requires supporting evidence regarding the details of the collision, the extent of the injury, and its impact on daily life and functioning.
Have More Questions? Meet With an Auto Accident Attorney in New York
Millions of people suffer injuries in motor vehicle collisions each year. If you are trying to figure out New York’s state laws regarding car accidents with out-of-state drivers, consider seeking legal guidance. You can also review our guide on recoverable damages in New York car accident cases.
For a consultation, call the Wohlgemuth Law Firm PLLC at (718) 474-9100.
FAQs
If you still have more questions about car accidents with out-of-state drivers, find answers below.
What Are the Main Legal Issues in New York Car Accidents Involving Out-of-State Drivers?
New York car accidents involving out-of-state drivers may raise issues regarding insurance coverage. All drivers must still follow New York traffic and insurance laws when operating a vehicle in the state, and failure to do so can lead to coverage gaps.
Can a Personal Injury Law Firm in New York Help With Insurance Claims After Accidents With Out-of-State Drivers?
Yes, a New York personal injury law firm can help manage insurance claims and negotiate with out-of-state providers after an accident. If you have been involved in a car accident with an out-of-state driver and have questions about New York laws, an attorney can provide clarity and guidance on the next steps.
Do Drivers From Other States Use PIP Insurance After a Collision?
In many cases, out-of-state drivers involved in accidents in New York may still be subject to New York’s no-fault insurance rules. Whether they are eligible to claim Personal Injury Protection (PIP) benefits depends on whether their insurer is licensed to operate in New York and their policy maximums. Driving in New York without insurance from a provider that is licensed in the state can result in penalties.
