Communicated Content – More and more travel destinations are opening up again to world travel now that the Covid 19 vaccine is readily available. However, anxiety is high for many that travel plans could get canceled. There are several ways to protect yourself from unforeseen changes in travel plans such as travel insurance, refundable tickets, and even Covid 19 insurance. But as people travel more and the roads get crowded again, what happens if you are in a simple car accident in another state? Are you protected? Do you have your expected rights? The answer depends upon the state you are in.
State Laws Differ
There are two basic types of car insurance laws that different states may have: liability and no fault. Liability insurance states are negligence-based responsibility states. In a liability state, you buy insurance that 1) provides you with a lawyer when someone sues you for causing a car wreck and 2) pays the judgment that they take against you in Court. In a “no-fault” state, you buy your own insurance to cover you. You may have a limited right or not right in no-fault states to make any claim against the other driver.
Many policies have a provision that says if you drive from one state to another, the policy converts to comply with that state’s minimum insurance requirements for a set period of time. That is to give you time to get the correct insurance when you move and to be covered when you are simply traveling. It is wise to call your agent before you travel and be sure your policy has such a clause to protect you. If it does not, you can usually purchase supplemental insurance to cover you.
Differences Across Liability States Contributory vs Comparative Negligence
In addition to differences in the fault vs no fault states, many liability states have different rules between themselves. For example, Alabama is a Contributory Negligence State. If you are even 1% negligent, you cannot recover against the other driver even though he/she was 99% at fault. Texas is a Modified Comparative Negligence State. In Texas, you can recover the percentage the other driver’s negligence is responsible for so long at your negligence is not above 50%.
Additionally, if a drunk driver is overserved at a bar in Texas, the bar is liable if they overserved an “obviously intoxicated” person or a minor. However, in Florida, the bar is only responsible if the person overserved is a known “habitually addicted” person or a minor. This is a much higher standard for adult drunk drivers.
Conclusion
When you are traveling to other states, you may not be covered in the same way you are accustomed to in your home state. In fact., you might not be covered at all. Thus, it is wise to confer with your insurance agent before you travel to see what other insurance you should purchase.
