When you’re injured in a car accident in the U.S., you have the right to file a personal injury claim, even if you live abroad. But the process can involve more logistics than a domestic claim. You may need to work with foreign legal counsel, manage international communications, and deal with insurance policies that may not be straightforward.
Despite this, you can still pursue compensation for your injuries, medical expenses, lost wages, pain and suffering, and any other damages that would be available to anyone else. The key is to hire an experienced personal injury attorney in the state where you were injured who can help you through the complexities of an international claim.
Why Out-of-County Tourists Face Challenges After a U.S. Car Accident
Tourists who are not residents of the state or, in fact, even the country where the crash occurs face a number of challenges when seeking compensation for injuries and property damage. These include:
- Jurisdiction Issues: Tourists may not know where to file a lawsuit (in their land of residence, the state where the accident occurred, or elsewhere). Jurisdiction depends on the location of the accident and the defendant’s (at-fault driver’s) residence. Filing in the wrong place can result in dismissal or delays.
- Insurance Complications: Most tourists do not carry auto insurance. Insurance is often obtained through rental car policies or credit card benefits. These policies may have limited coverage or require pre-authorization for claims.
- Language and Legal System Barriers: International tourists may struggle with language differences and unfamiliarity with U.S. legal concepts, such as comparative negligence or liability rules.
- Timezone Problems: Tourists who go back home after the car accident may have trouble communicating with their attorney if their time zones have noticeable differences. For example, if the car accident happened in Los Angeles and the tourist lives in Dubai, emails, texts, and calls from the tourist at 2:00 PM will reach their attorney in Los Angeles at 2:00 AM.
Immediate Steps to Take at the Scene of the Crash
If you’ve been involved in a car crash abroad, the first 30 minutes after the accident can determine the success of your case. The following steps will help you protect your legal rights and recovery:
- Prioritize Personal Safety: If you are driving, pull over to a safe location, activate your hazard lights, and if necessary, deploy road flares or reflective triangles to warn other drivers.
- Report the Incident: Contact the local police immediately, especially if there are injuries or property damage. This ensures an official report is filed.
- Document the Scene: Take photos and videos of the accident site, vehicle damage, traffic signs, and road conditions. Include details about the weather, time, and any visible injuries.
- Collect Information: Exchange contact details, license plate numbers, and insurance information with the other driver(s). Gather witness statements and note down any identifying information about vehicles and drivers.
- Seek Medical Attention: Get checked for injuries even if you feel fine. Some injuries may not be immediately apparent.
- Do Not Admit Fault: Avoid making statements that could be used against you in court or insurance negotiations.
- Preserve Evidence: Do not clean up the scene, and save any relevant documents or digital records, such as dashcam footage or photos.
A lot of attorneys have written detailed posts explaining the best steps to take as a tourist in a car accident, so it’s recommended to find a guide specific to the location where your car accident occurred.
Preserving Evidence Before Returning Home
While you are still in the U.S., take steps to preserve evidence that will help you recover compensation for the injuries and losses you have suffered. These steps include:
- Obtaining the Official Crash Report: This document contains crucial details about the accident, including witness statements, traffic violations, and the actions of the at-fault driver.
- Travel-Related Expenses Documentation: Keep receipts for any lodging, travel changes, and out-of-pocket costs you incurred because of the accident. This will help you track expenses to include in your car accident claim.
- Obtaining Medical Records: Visiting a doctor or going to the hospital will create official medical records. These documents will provide evidence of the extent of your injuries and the treatment you have received. However, it’s vital that you remember the hospital or doctor you visited after the accident before going home.
- Witness Statements: If you have any witnesses to the accident, ask them to write down what they remember and sign a statement. This can be helpful in reconstructing what happened.
- Photos and Videos: Take photos or videos of any visible injuries or damage to your vehicle, as well as any other relevant details of the accident.
Which Jurisdiction’s Laws Apply to Your Claim?
The jurisdiction whose laws apply to a claim depends on several factors, including:
- The location where the accident occurred
- The residence of the parties involved
- The location where the defendant resides
For example, if your accident happened in Nevada, Nevada’s laws will likely apply, even if you live in Wales, United Kingdom. This is known as the “place of injury” rule.
Due to this rule, you’ll have to work with an attorney licensed in the place of the accident to ensure the laws are used to your fullest advantage.
How Fault Rules Can Affect Your Compensation
Different states in the U.S. follow different fault rules that can affect the amount of compensation you can receive in a personal injury claim. In some states, you might receive reduced compensation based on your own fault, while in others, you might not be able to recover any compensation at all if you share any fault for the accident.
This means that where the accident occurred can significantly impact the amount of damages you can recover in a personal injury claim. Knowing which fault laws apply to your claim requires either doing research or speaking with a local attorney.
Does Your Immigration Status or Visa Affect Your Right to Compensation?
Your immigration status has no bearing on your right to seek compensation for injuries. Whether you’re undocumented, have limited immigration status, or are here as a temporary visitor, you are still entitled to seek compensation for injuries or losses you’ve suffered.
However, the legal protections available to you depend on your immigration status and the laws of the country in which you reside.
Types of Damages You May Recover
Depending on the extent of the injuries, you may be eligible to recover for:
- Medical expenses and future treatment costs
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Wrongful death damages
- Punitive damages
To claim these damages, it’s typically done in two ways, depending on the state the accident occurred in. If the car crash happened in a no-fault state, damages can be sought by filing a personal injury claim against the at-fault driver’s insurance company or by suing them directly.
If the car accident happened in a no-fault state, you’ll have to file a claim through your own insurance, so this could be the renter’s PIP coverage or your own health insurance.
Regardless of whether the accident happened in a fault or no-fault state, working with a car accident attorney is highly recommended, as it basically makes the entire process hands-off for you.
How Do Car Accident Lawyers in the U.S. Get Paid
As an out-of-country tourist, this is probably the first time you’ll be working with a U.S. car accident attorney, and the issue of payment may be a little frightening.
Here’s the thing: it’s actually a lot better than you think. In the U.S., almost all car accident lawyers work on a contingency fee basis, meaning they won’t charge you legal fees unless they win your case.
In the event they win your case, legal fees are deducted from the settlement rather than your personal finances. Also, car accident lawyers offer a free consultation where you can discuss your case, learn local laws, and more.
