Out-of-State Driver? Here’s What to Know After a Car Accident in 2025
October 26, 2025- Categories: Car Accidents
After a car accident in California, you must follow California’s laws for insurance claims and lawsuits, regardless of where you live or are insured. This creates immediate challenges such as your own insurance policy from a state like Florida or Texas may not align with California’s requirements, and you’ll have to deal with a legal system you’re unfamiliar with from hundreds of miles away.
You will be dealing with different fault rules, as California is a comparative negligence state. You will also face different reporting requirements under the California Vehicle Code and a different deadline to take legal action.
While the process is different, it is manageable with the right guidance. You are entitled to pursue compensation for your medical bills, lost income, and vehicle damage.
If you have a question about an accident that happened while you were visiting California, call us for a free consultation at (888) 407-2955.
Key Takeaways for Out-of-State Drivers in California Accidents
- California law governs your accident claim. The location of the crash means California’s comparative negligence rules and legal procedures apply, not the laws of your home state.
- Your out-of-state insurance must meet California’s minimums. Your policy will typically adjust to cover California’s required liability limits, but you will be dealing with an “at-fault” system that may be unfamiliar.
- You have a two-year deadline to file a lawsuit. For most personal injury claims, you must file within two years of the accident, but this window shrinks to just six months for claims against government entities.
The First Question Everyone Asks: Which State’s Laws Apply?
When you’re in an accident, your first instinct is to think about your own state’s rules. But when the collision happens in a different state than your home address, the location of the accident dictates which laws apply. This is a legal concept known as personal jurisdiction.
- Fault Determination: California uses a “pure comparative negligence” rule. This allows you to recover damages even if you are partially at fault, but your compensation is reduced by your percentage of blame. Your home state might have a different rule that could bar you from recovery entirely if you are found even slightly at fault.
- Police Reports and Evidence: The information required in a California police report and the evidence needed to prove your claim will be judged by California standards.
How Does Your Out-of-State Insurance Work in California?
Does your auto insurance policy from another state still cover you in California? Yes, but it has to meet California’s minimum requirements. As of January 1, 2025, those requirements have increased to provide more protection for people injured in accidents.
California law requires every driver to have liability coverage of at least:
- $30,000 for injury or death to one person.
- $60,000 for injury or death to more than one person.
- $15,000 for property damage.
Most insurance policies automatically adjust to meet the minimums of the state you are driving in, but it’s always best to confirm. California is an “at-fault” state, which means the person who caused the accident is responsible for paying for the damages. This is different from “no-fault” states like Florida, where you typically turn to your own insurance first, regardless of who was at fault.
Imagine trying to coordinate between your out-of-state insurance provider and a California-based insurance adjuster for the other party. The paperwork, time zone differences, and conflicting information become a full-time job. A California-based law firm communicates directly with all insurers involved, presenting your claim in a way that local adjusters understand and take seriously.
California’s Deadlines You Can’t Afford to Miss
Every state sets a time limit, known as the statute of limitations, for filing a personal injury lawsuit. Missing this deadline means you lose your right to pursue compensation in court forever.
For most car accident injuries in California, you have two years from the date of the crash to file a lawsuit.
This deadline is much shorter in certain situations:
- Claims against government entities: If your accident involved a city bus, a state-owned vehicle, or a dangerous road condition, you typically have only six months to file a formal claim.
Two years might seem like a long time, but it passes quickly when you are recovering from injuries, gathering medical records, and dealing with an insurance company. The insurance company’s investigation is thorough, and their adjusters may look for any reason to argue you were at fault.
Acting sooner allows a law firm to preserve evidence, interview witnesses, and build a stronger foundation for your claim before memories fade and records are lost.
What Happens If You Need to File a Lawsuit?
The thought of having to appear in a California court when you live in another state is a common concern for an out-of-state driver after a car accident. Because the accident happened here, any lawsuit would almost certainly be filed in a California court.
We handle the vast majority of legal work remotely. This includes:
- Filing all court documents electronically.
- Appearing at most hearings on your behalf.
- Arranging for depositions (sworn testimony) to be conducted via video conference.
While you may need to travel to California for a key event like a trial, most personal injury cases settle before reaching that point.
Frequently Asked Questions About Out-of-State Accidents in California
What if the at-fault driver is also from out of state?
The case would still be handled under California law in a California court, as that is where the incident occurred. We would simply deal with their out-of-state insurance company on your behalf.
Should I give a recorded statement to the other driver’s insurance company?
It is generally not in your best interest to provide a recorded statement without first speaking to a lawyer. Their questions are designed to find information that could be used to minimize your claim.
How do I get my car repaired if I drove it back home?
We help coordinate with the insurance company to have your vehicle inspected at a repair shop in your home state.
Do I see my own doctors in my home state?
Yes. You should absolutely seek medical care from your trusted physicians at home. We will gather those medical records and bills to include as part of your damages claim in California.
What if the other driver had no insurance?
You may file a claim through your own insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. We will review your policy to determine if you have this protection.
Let Us Handle the California Legal System For You
You didn’t ask for your trip to be interrupted by an accident, and you don’t have to deal with the consequences alone. While you focus on your health and your family back home, we will handle the legal work here in California.
Call Neale & Fhima today for a free, no-obligation consultation about your out-of-state accident at (888) 407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
