Out-of-State Residents
If you are an out-of-state resident and are involved in a car accident in Florida, your claim will be treated as though you were a permanent Florida resident. This legal status applies to many states throughout the United States.
What's an Out-of-State Car Accident?
If you own or drive a commercial vehicle and have entered Florida, you are subject to Florida’s internal regulations. This rule has jurisdiction over state residents injured. So, if you are from Texas or Iowa and have been in a crash, you may need the help of Orlando lawyers to file a claim with the state court panel or insurers.
- If there was a minor crash in the state, the state driver has the right to go to any court in Florida.
- If there was a serious crash, visitors from other states will go to the county or local court in the jurisdiction where the car accident occurred.
Depending on your situation, our lawyers can help you figure out which jurisdiction your case will ultimately have, i.e., state (intra-state) or federal.
Out-of-State Residents Injured in Florida Car Accidents
What should you do if out-of-state residents have been injured in a Florida car incident? You will need to decide which jurisdiction applies to your case. Virtually all state resident cases are handled by Florida’s state jurisdiction. At the same time, it will be made clear to you when you contact attorneys that, depending on the specific case, the available jurisdiction will be considered.
Slightly injured state drivers and passengers will be subject to Florida law. Therefore, a driver who lives out of state and does not have jurisdiction to live in Florida should seek help from attorneys in filing a claim in county state court.
If the amount of damages exceeds $75,000 and you are an out-of-state driver with no Florida jurisdiction, you must file a lawsuit in U.S. federal court. In this case, you may also need the help of our attorneys.
In the latter case, bringing other state residents to federal court involves a combination and diversity of claims, including if you are seeking not only economic damages but also non-economic damages caused by the at-fault state driver.
Florida Residents Involved in a Car Accident With Out-of-State Drivers
It is not uncommon for car accident victims to be Florida residents, while the driver is from out of state. In this case, the lawsuit will have Florida’s domestic jurisdiction. However, in some cases, you will need to go to an insurance company that has jurisdiction outside of Florida. In this situation, you must contact our attorneys, who will help you draft a claim in state or federal court. In the latter case, you must meet the aggregate claims condition, in which the amount of damages must exceed $75,000.
Out-of-State Car Accident FAQs
Our attorneys have answered your frequently asked questions about Florida car accidents in which one of the drivers is a state resident.
Which State's Laws Apply?
Any Florida motor vehicle incident involves domestic state jurisdiction. Thus, an incident that occurs in Florida will be investigated under Florida law. This rule applies to out-of-state drivers as well as passengers.
Do Fault or No-Fault Laws Apply to Out-of-State Accidents?
Most neighboring states have fault or no-fault accident laws. If you are involved in an accident in Georgia or Alabama, the local fault or no-fault law will apply to you. Likewise, Florida’s fault law applies to drivers in other states. Contact Orlando lawyers for a free consultation on this law.
Where Do You File Your Lawsuit if You Are in an Auto Collision While Traveling in a Different State?
If you were traveling in Arizona, for example, and were involved in a car crash, you would need to file your lawsuit in Arizona state courts. However, if the cumulative damages exceed $75,000, you need to sue in U.S. federal court. Our lawyers can help you draft a lawsuit after a detailed review of your case.
Are Punitive Damages Recoverable in Out-of-State Accidents?
A clarification must be made here. If you are not in Florida for longer than 90 days, your insurance policy should cover out-of-state accidents. One nuance is the minimum coverage requirement. While that amount is $10,000 in Florida, in some other states it is $20,000. In this case, you have a situation of exceeding the limit. It is recommended that before you travel to another state, you change your insurance company’s premium payment terms so that you can cover the minimum coverage required by the laws of the other state. Our attorneys remind you that the minimum coverage for bodily injury in a car crash in Florida is $10,000 and $20,000 for an crash.
Does Car Insurance Cover Out-of-State Auto Accidents?
The insured must have been a state resident for three out of a possible 12 months in a calendar year. If this is the case, the certificate of insurance will be valid under the 2021 Florida Statutes. Otherwise, you must look at your terms with the insurance company. If you have a dispute, contact our lawyers for a free consultation.
Does the Federal Government Ever Have Jurisdiction Over Car Accident Claims?
The U.S. federal court has jurisdiction if several conditions are met: the amount of damages is over $75,000 and there is a cumulative claim, such as if you are seeking economic and non-economic damages for a car accident. Contact our attorneys for a detailed explanation of this issue.
Get a Free Consultation
Each state in the United States has its own car accident laws. You can provide our Orlando attorneys with a case and get a free consultation for your situation. Also, consider the statute of limitations, which in Florida is four years.
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