Your Rights in a Car Accident Claim Have No Boundaries

What Happens If I Have An Accident Across State Borders?

Addressing a motor vehicle accident within your own state can be confusing, but when you are involved in an accident across state borders, you may not know how to proceed.

Living in neighboring states, Minnesota and Wisconsin residents commonly cross borders. There is a high probability that an out-of-state accident would occur in one of these two states. Here is some basic information residents should know before they drive across state lines.

The car crash attorneys at Bowden Cyr, PLLC, have assisted clients in seeking compensation for accidents across state borders. We can help you too. Don’t take a chance with your future; rely on our experience to help you pursue just compensation.

Which State’s No-Faut/MedPay Coverage Laws Apply?

Which state will pay your medical bills/mileage will depend on a few questions:

  • Which state are you an insured?
  • Which state did the crash occur?
  • Does the policy in which you are insured or the state minimums for no-fault coverage have higher benefits or benefits that would benefit you more than the other?

However, which state will ultimately pay may be an election of coverage issue. That means it is up to the injured party to elect either their own coverage or the coverage of the state in which they were involved in a crash. This election of coverage must occur before application for benefits are filled out and benefits are paid.

If your state’s required minimum coverage is less than the accident state’s, your insurance company may be required to raise coverage to meet this minimum.

How Are Minnesota And Wisconsin’s Laws Different?

Minnesota is one of seven no-fault states in the country. In no-fault states, each motorist’s insurance company is responsible for covering their medical expenses up to a certain amount. Wisconsin calls this benefit MedPay. 

Where can a liability claim be filed?

The filing of a claim will depend on the location of the crash and residency of the defendant(s). The law of the state where the crash occurred most often applies, however there may be situations where that is not the case.

What damages can be claimed and who is required to be named as a defendant will depend on each fact situation.

(NF and comparative fault are different. NF/MedPay is in relation to medical payments. Comparative fault issues are liability issues and have no bearing on a NF claim for medical benefits.)

What Should You Do After An Accident?

Follow standard post-accident protocol. Collect driver and witness information, alert authorities and pursue medical attention. Additionally, out-of state motorists should seek potential benefits from the accident state. You may have a right to their benefits, but you must act quickly after the accident.

Schedule Your Free Initial Consultation Today

Call 651-288-2844 to speak with an experienced attorney at Bowden Cyr, PLLC, who understands how to navigate cross-state regulations. You may also schedule your free consultation online to speak with our Woodbury lawyers. We represent both Minnesota and Wisconsin drivers involved in interstate accidents. We will evaluate your case, explain the state’s insurance rules and could help you pursue benefits you may be entitled to receive.

Schedule Your Free Consultation