What Happens If You Get into a Car Accident with an Out-of-State Driver in New York?
If you’ve been injured in a car accident in New York involving an out-of-state driver, it’s normal to feel overwhelmed by the legal and insurance complexities. Understanding how New York car accident laws apply to these cases is critical for protecting your rights and securing fair compensation.
Does New York Law Apply to Out-of-State Drivers in a Car Accident?
When a car accident occurs in New York, New York State law governs fault, liability, and insurance claims, no matter where the other driver is from. This means:
- Your case will be handled under New York’s no-fault insurance laws.
- You can file a personal injury lawsuit in New York courts against an out-of-state driver if your injuries meet New York’s legal thresholds.
- New York’s comparative negligence laws will determine fault and reduce your compensation proportionally if you share any fault.
- Out-of-state drivers must comply with New York’s traffic laws and insurance requirements while driving in the state.
New York’s No-Fault Insurance System and Out-of-State Drivers
New York is a no-fault auto insurance state requiring all drivers to carry Personal Injury Protection (PIP) coverage, which pays for:
- Medical bills
- Lost wages
- Other necessary injury-related expenses
No-fault benefits cover minor injuries regardless of fault, but if your injuries are serious, you can step outside the no-fault system and file a lawsuit.
What is a “Serious Injury” Under New York Law?
To file a lawsuit beyond no-fault benefits, your injury must qualify as “serious” under New York Insurance Law § 5102(d), including:
- Fractures or dismemberment
- Death or loss of a fetus
- Significant disfigurement
- Permanent loss of use of an organ, limb, or body system
- Permanent or significant limitation of a body part or function
- Injuries preventing normal activities for at least 90 of 180 days post-accident
If your injury meets this standard, you may seek compensation for pain and suffering, emotional distress, and other damages.
Insurance Requirements for Out-of-State Drivers in New York
Out-of-state drivers involved in New York car accidents must have insurance policies meeting New York’s minimum liability limits:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $10,000 for property damage
If their insurer isn’t authorized to do business in New York, your uninsured/underinsured motorist coverage can protect you.
Steps to Take After a Car Accident with an Out-of-State Driver in New York
- Call 911 immediately and seek medical attention.
- Obtain a police report documenting the accident.
- Exchange names, license plates, driver’s licenses, and insurance details.
- Take photos of the accident scene, vehicle damage, and any injuries.
- Collect witness contact information if possible.
- Notify your insurance company promptly.
- Keep detailed medical records and follow all treatments.
- Consult a New York car accident lawyer experienced with out-of-state driver claims before accepting any settlement.
Can You Sue an Out-of-State Driver in New York?
Yes. New York courts have jurisdiction over out-of-state drivers involved in accidents here. If your injuries meet the serious injury threshold, you can:
- File a personal injury lawsuit in New York courts.
- Recover damages for medical expenses, lost wages, pain and suffering, and more.
- Use your uninsured motorist coverage if the driver is uninsured or underinsured.
Why Hire a New York Car Accident Lawyer for Out-of-State Driver Claims?
A skilled New York personal injury attorney will:
- Navigate New York’s no-fault and personal injury laws.
- Evaluate if your injuries meet the serious injury standard.
- Identify all liable parties and applicable insurance policies.
- Handle jurisdictional issues and meet filing deadlines.
- Negotiate with out-of-state insurers unfamiliar with New York law.
- Maximize your settlement or verdict for all damages.
Statute of Limitations for Car Accident Claims in New York
- You generally have three years from the accident date to file a personal injury lawsuit.
- Property damage claims must also be filed within three years.
- Acting quickly protects your legal rights and preserves evidence.
Why Choose Greenstein & Pittari?
- Local Harlem office for convenience and trust
- No fee unless we win your case – Our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials speak for themselves
- We handle the insurance companies so you can focus on healing
- Top-Rated, Award-Winning Lawyers – Best Lawyers & Super Lawyers
Contact Greenstein & Pittari — New York’s Trusted Car Accident Law Firm
If you’ve been hurt in a car accident with an out-of-state driver in New York, you don’t have to face the insurance companies alone. At Greenstein & Pittari, we specialize in New York car accident cases involving out-of-state drivers. Our benefits include:
- Local offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No fees unless we win your case — Our Fee Guarantee
- Bilingual legal services
- Experienced attorneys dedicated to maximizing your compensation
Call 1-800-VICTIM2 (1-800-842-8462) now for a free consultation with a trusted New York car accident lawyer.