No one wants to experience a car accident during vacation, especially not one where injuries are involved. However, the reality is that a countless number of people find themselves in this challenging and unique situation. For any person facing this scenario, there are some important factors they need to remember to protect their claim.
Seek Medical Attention Right Away
It's equally important that you seek medical attention right away, as if you had the accident in your own area. You should never wait until you get home to visit your physician if you find yourself in this situation. When a physician examines you after a collision, it creates a paper trail of documentation that can help prove your injuries later.
Prompt medical attention is also often a sign that your injuries are valid. If you waited until you got home to seek treatment, the insurance company could argue that you must not have been too injured, if you could afford to wait.
Examine Potential Fault
If the accident occurred in another state, recognize that you might have to take some ownership for the accident since each state has different traffic laws. Consider an accident where the victim was talking on their cellphone, for instance. In their home state, it might be legal to drive and use your phone, but in the state where they were vacationing, it's illegal.
Given the state laws, the insurance company and the driver of the other vehicle could argue that since it is illegal to use the phone, the driver might have been able to avoid the accident had they been fully concentrating on the road. This type of argument might not jeopardize the entire claim, but it could affect its value.
Follow the Correct Timeline
Just as each state has different rules pertaining to traffic laws, each state also has a different statute of limitations. The statute of limitations is the timeline by which the victim in an accident must submit a claim for compensation.
When reviewing this information, make sure you follow the timeline of the state where the accident occurred, not your home state. So, if your state requires accident claims be submitted within five years, but the state where the accident occurred only allots two years, remember that you must initiate your claim within two years.
No matter the circumstances, an attorney like Cok Kinzler PLLP will be able to help you navigate this unusual circumstance, so don't hesitate to reach out for information.