Imagine you're enjoying a scenic ride through Wisconsin's rolling hills when suddenly, an out-of-state driver fails to yield the right of way, causing a serious collision. As you begin to recover from your injuries, you may wonder how the claims process works when the at-fault driver lives in another state.
At Hupy and Abraham, S.C., our experienced motorcycle accident attorneys understand the unique challenges that arise in cross-state claims. We've helped countless injured motorcyclists navigate complex jurisdiction and insurance issues to secure the compensation they deserve.
Determining Jurisdiction in a Cross-State Motorcycle Accident
One of the first questions in any motorcycle accident involving an out-of-state driver is which state's laws will apply. In most cases, the accident's location determines jurisdiction. This means that if you were injured in a crash on a Wisconsin roadway, Wisconsin law will generally govern your claim, even if the at-fault driver resides elsewhere.
However, there are some exceptions to this rule. If both you and the out-of-state driver are insured by the same insurance company, the insurer may argue that the laws of the driver's home state should apply. This is particularly true if the driver's home state has more restrictive laws or lower minimum insurance requirements than Wisconsin.
Our skilled attorneys at Hupy and Abraham, S.C., can help you understand which state's laws are likely to apply in your specific situation and how this may impact your claim.
Navigating Insurance Issues in Out-of-State Driver Claims
Another challenge in cross-state motorcycle accident claims is dealing with the at-fault driver's insurance company. While all states require drivers to carry a minimum level of liability insurance, these requirements vary widely.
For example, while Wisconsin mandates that drivers carry at least $25,000 in bodily injury liability coverage per person and $50,000 per accident, some states have much lower minimums. If the out-of-state driver who hit you carries only their state's minimum coverage, it may not be sufficient to fully compensate you for your injuries and losses.
In these situations, our experienced motorcycle accident attorneys can help you explore other options for recovery, such as:
- Filing a claim with your own insurance company if you have uninsured motorist coverage
- Pursuing a personal injury lawsuit against the at-fault driver
- Identifying other potentially liable parties, such as the driver's employer, if they were operating a company vehicle
Overcoming Challenges in Investigating Out-of-State Accidents
Investigating a motorcycle accident involving an out-of-state driver can present unique challenges. The at-fault driver may be difficult to locate or serve with legal documents, and witnesses may be harder to track down.
At Hupy and Abraham, S.C., we have the resources and expertise to thoroughly investigate cross-state accidents. Our attorneys work with a network of investigators, accident reconstruction specialists, and other expert witnesses to gather the evidence needed to build a strong case on your behalf.
We also understand the importance of acting quickly in these situations. The sooner we can begin our investigation, the better our chances of preserving critical evidence and identifying key witnesses before they become unavailable.
Protecting Your Rights in a Cross-State Motorcycle Accident Claim
If you've been injured in a Wisconsin motorcycle accident involving an out-of-state driver, it's essential to work with an attorney who understands the nuances of these complex cases. An experienced motorcycle accident attorney will handle all aspects of your case, from communicating with the at-fault driver's insurance company to ensuring that the proper state's laws are applied to your claim. The goal is to maximize your potential compensation while minimizing the stress and uncertainty of the legal process.
As one of the Midwest's largest personal injury law firms, we have the knowledge, resources, and commitment to fight for your rights, regardless of where the at-fault driver lives. With offices throughout Wisconsin, Illinois, and Iowa, we're well-equipped to handle even the most complex cross-state cases. We've recovered over $2 billion for our satisfied clients and have a proven track record of success in out-of-state driver cases.
With Hupy and Abraham, you can trust that your motorcycle accident claim is in capable hands.
