If you are out of state and have a car accident, which state’s law applies regarding the claim- your home state or the state in which the accident occurred?

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If you are out of state and have a car accident, which state’s law applies regarding the claim- your home state or the state in which the accident occurred?

I am an IL resident and my car was hit by a MO resident in MO. Does her insurance company have to abide by IL state laws while handling this accident claim?

Asked on January 5, 2012 under Insurance Law, Illinois

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 12 years ago | Contributor

If you had an accident in a state outside of your home state, you are bound by the laws of the state the accident occured in.  In your case, where the accident occurred in MO, you would be bound by the laws of MO, not IL.


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