Settling vs. Trial: When a Personal Injury Settlement Makes Sense
Posted in: Ohio Personal Injury
KNR Legal Blog
If you’re hurt in a car accident on vacation, it’s essential to know what steps to take to protect your health, your rights, and your chances of getting the compensation you need.
In this guide from Kisling, Nestico & Redick, our Ohio car accident attorneys will walk you through what happens when auto accidents happen on vacation and how you can help yourself if you or a loved one are hurt in a car while on trip.
In the aftermath of any car accident, feeling shaken is normal. This is especially true if you’re in an unfamiliar environment. The most important thing is to stay calm. Then do the following:
First, check yourself and your passengers for injuries. If anyone is hurt, call for medical help immediately. Even if injuries seem minor, getting checked out by a doctor is wise, as some injuries may not be immediately apparent.
No matter where the accident happens, it’s crucial to report it to the local police. The police will create an official report, which is vital for your insurance claim and any potential legal action. Make sure to get a copy of the police report or the report number, as this document will serve as key evidence.
As you would at home, you must exchange information with the other driver. This includes names, contact information, insurance details, and vehicle registration numbers. If there are witnesses to the accident, try to get their contact information as well. Witness statements can be critical if there’s a dispute over what happened.
Use your smartphone to take photos of the accident scene, the damage to all vehicles involved, and any visible injuries. Also, make notes about the weather, road conditions, and any other relevant details. This documentation can be crucial evidence if you need to make a claim or if there are disputes about the facts of the accident.
Even if you feel fine, seeing a doctor after a car accident on vacation is a good idea. Some injuries might not show up right away. Getting checked out by a medical professional ensures your health is taken care of and creates a medical record, which can be important for any legal claims later.
Contact your insurance company as soon as possible to report the accident. They will guide you on what to do next and help you understand your coverage. If you were driving a rental car, you’ll also need to inform the rental company. Be sure to ask about how your rental car insurance applies in this situation.
If you were driving a rental car, you must notify the rental company about the accident. They will have specific procedures you need to follow. Make sure you understand your rental agreement and what your responsibilities are in the event of an accident.
A car accident can disrupt your vacation plans. You may need to rebook flights, extend your hotel stay, or arrange alternate transportation. Keep all receipts for these expenses, as they may be recoverable through your insurance claim or a legal settlement. If you need to change your travel plans due to the accident, your lawyer can advise you on including these costs in your claim.
Sometimes, an out-of-town car accident can leave you with severe injuries, making it impossible to handle the steps outlined.
If you’re severely injured in a car accident while on vacation, your top priority should be getting medical care as quickly as possible. Focus on your health and safety by calling for an ambulance or going to the nearest emergency room. If you can’t manage the accident scene, rely on others—such as travel companions or bystanders—to report the accident to the police, gather information, and document the scene.
As soon as possible, contact an experienced personal injury lawyer who can initiate the legal process. Your lawyer will handle all the necessary steps, from gathering evidence to dealing with insurance companies, ensuring your rights are protected while you focus on recovery.
After a car accident on vacation, it’s important to make informed decisions about your legal representation. If you decide to pursue a claim, choosing the right lawyer is key, and there are legal considerations to keep in mind.
One of the biggest questions people have after an accident on vacation is which state’s laws will apply to their case. Generally, the state laws where the accident occurred will govern your claim. This can include statutes of limitations, fault rules, and caps on damages. Each state has different laws, and understanding them is crucial to pursuing your claim effectively.
Let’s say you’re involved in a car accident in Ohio. Ohio follows a rule called “comparative negligence.” This means that even if you are partially at fault for the accident, you can still recover compensation if you are less than 51% responsible.
However, the situation would be different if your accident happened in a state that follows the “contributory negligence” rule, such as Maryland. In states with contributory negligence laws, if you are found to be even 1% at fault for the accident, you could be barred from recovering any compensation.
Depending on the severity of the accident and the legal action required, you might need to return to the state where the accident occurred. This could be necessary for court appearances, depositions, or other legal proceedings. However, many aspects of your case can be handled remotely, especially with the help of an experienced attorney who can represent you locally.
After a car accident, collecting and organizing your medical records is vital. If you received treatment while on vacation, you’ll need to get those records from out-of-state providers. Additionally, it’s important to keep in touch with any witnesses who can support your version of events. Your attorney can assist in gathering these records and contacting witnesses, ensuring that all necessary evidence is preserved.
Deciding whether to hire a lawyer from your home state or one in the state where the accident occurred is an important decision. A lawyer in the state where the accident happened will be familiar with local laws, courts, and insurance practices, which can be a significant advantage. However, working with a lawyer from your home state, especially one you already know and trust, can provide peace of mind.
In many cases, the best approach is to have your home-state lawyer work with local counsel in the state where the accident occurred. This combination ensures that you benefit from local insight while working with someone you know.
To achieve the best possible outcome, it’s essential to:
When you’re involved in a car accident while on vacation, you might be entitled to recover various damages, just as you would if the accident occurred at home. However, there are additional considerations due to the nature of the accident being out of state, which can add complexity to your claim.
At Kisling, Nestico & Redick, we understand how overwhelming it can be to deal with a serious car accident while on vacation. Our dedicated team is here to take immediate action on your behalf, allowing you to focus on your recovery. We’ll work swiftly to gather evidence, communicate with the necessary parties, and ensure that your case is handled with the urgency it deserves.
If you or a loved one has been severely injured in a car accident while on vacation, don’t wait to get the help you need. Contact Kisling, Nestico & Redick today at 1-800-HURT-NOW or contact us to schedule a free, no-risk consultation.