What To Do When An At-Fault Driver Is From Out Of State
A global destination, Miami draws tourists, business travelers, and seasonal residents from far and wide. With so many out-of-state drivers on Florida roads, it’s no surprise that car accidents often involve people who don’t live here.
If you’re injured in a crash caused by a non-resident driver, your situation becomes more complicated than the average collision. Jurisdictional questions, unfamiliar insurance policies, and conflicting court rules can all affect how your case unfolds. Connect with a Miami personal injury lawyer to ensure you’re properly compensated.
Insurance Differences Between Florida and Other States
Florida is a no-fault state, which means that after most accidents, your own Personal Injury Protection (PIP) insurance covers medical expenses up to $10,000. But if your injuries are serious and you need to sue the other driver for damages beyond PIP, you may face issues depending on their state’s insurance requirements.
Some states have much lower liability limits, or don’t require drivers to carry bodily injury liability coverage at all. For example, if the at-fault driver is from a state with a $15,000 limit and your medical bills exceed $50,000, you may struggle to recover the full amount without additional legal strategies.
When it comes to jurisdiction, Florida courts usually have jurisdiction over the case when an accident happens in Miami, even if the at-fault driver is from another state. That’s because anyone who drives on Florida roads is subject to its laws. But securing jurisdiction is just the beginning.
You’ll need to properly serve legal documents to an out-of-state defendant, which can be trickier than it sounds. If they’ve returned home, you may have to use the Florida long-arm statute and comply with that person’s home state rules for service. An attorney can ensure this process is handled correctly to avoid dismissals.
Court Procedures and Possible Delays
Once jurisdiction is secured, your claim will proceed through Florida courts. But the involvement of a non-resident can still lead to delays or procedural hurdles, especially if the other party attempts to move the case to federal court under diversity jurisdiction, which could happen if the damages exceed $75,000. This is a tactic sometimes used to prolong or complicate the case.
Hiring an experienced lawyer means you have someone who knows Florida’s deadlines, discovery rules, and insurance claim practices. After being injured in a Miami car accident caused by someone from out of state, don’t assume their insurance company will treat your case fairly. These claims are often more complex due to:
- Jurisdiction and service issues
- Multi-state insurance questions
- Strategic moves by out-of-state legal teams
A Miami personal injury lawyer can investigate all sources of compensation, ensure proper filing, and protect your rights through every legal twist and turn. Securing legal representation early in the process is advised.
Do you need a local legal professional? When someone visits Florida and leaves you injured, you deserve an advocate who understands how to hold them accountable. Share your story with the lawyers at Spencer Morgan Law. Call 305-423-3800 to book a confidential consultation.