February 5, 2025
What do you do if you’re involved in a car accident in Florida, and either you or the other driver has out-of-state insurance? It’s a common scenario here—Florida is one of the most visited states in the country. With Disney World, Miami, the Everglades, and even some great football teams, people from all over come here every day. Unfortunately, that also means a lot of accidents involve drivers who aren’t from Florida.
When insurance policies from different states come into play, the rules can get complicated. And if you’re dealing with an out-of-state insurance company, the laws of the state where the policy was issued could completely change how your claim is handled. That’s why it’s so important to talk to a lawyer early on—these cases aren’t as straightforward as they might seem.
Dealing with an accident involving out-of-state insurance can get complicated quickly. Every state has its own insurance rules, and those don’t just go away because the accident happened in Florida. Whether it’s your policy or the other driver’s, out-of-state coverage often works differently than what we’re used to here.
Take PIP coverage, for example. Some states require much higher limits than Florida, while others don’t require PIP at all. That means how your medical bills get paid can vary a lot depending on where your policy was issued. And it’s not just about coverage—filing a claim with an out-of-state insurance company brings its own challenges, especially if they don’t operate much in Florida.
There’s also the issue of where to file your case. If the insurance company does business here, you might be able to keep the claim in Florida. But in some cases, you could end up in federal court or even dealing with the state where the policy originated. These jurisdictional hurdles can be frustrating and time-consuming without the right help.
When the driver who hits you has out-of-state insurance, things can get even more complicated. In Florida, insurance companies are required by law to disclose how much coverage their policies provide. But not every state has those same rules. Some states, like Michigan, are non-disclosure states, which means the insurance company doesn’t have to tell us what the policy limits are.
This lack of transparency can make it harder to know what kind of compensation you’re dealing with. Sometimes, we might get a vague response over the phone, but even then, we won’t have a clear picture of how much coverage is available. That’s why identifying the other driver’s policy and limits as early as possible is so important.
Florida has a big problem with uninsured drivers, which is why uninsured motorist (UM) coverage is so important. If you’re hit by someone who doesn’t have enough insurance—or no insurance at all—UM coverage can step in to cover your damages. But here’s the catch: UM claims are governed by the laws of the state where your policy was issued, not Florida.
For example, Florida gives you 5 years to file a UM claim, but many states have much shorter deadlines—some as little as two years. If you miss that deadline, you could lose your ability to recover anything under your UM policy. That’s why it’s crucial to know the statute of limitations in your policy’s home state and take action quickly.
When it comes to filing a lawsuit for an accident involving out-of-state insurance, one of the biggest hurdles is deciding where to file your case. In some situations, you may be able to keep the case right here in Florida state court, especially if the insurance company does significant business in the state or if the other driver is a Florida resident.
But it’s not always that simple. If the other driver’s insurance company doesn’t do business in Florida, or if they’re headquartered in a state where they don’t have much presence here, you may have to file in federal court. In some cases, you could even end up needing to transfer the case to the state where the insurance policy was issued, adding a whole new layer of complexity to the process.
These jurisdictional issues are something you want to address from the get-go because they can significantly impact how your case progresses. Trying to navigate these challenges without legal experience could slow down your claim and make everything more complicated than it needs to be.
In cases involving out-of-state drivers and insurance, time is not on your side. The sooner you start, the better. First, you need to gather all the evidence—the details of the accident, medical records, and witness statements. The longer you wait, the harder it gets to track down witnesses or obtain vital documentation that can make or break your case.
Another time-sensitive issue is serving the defendant, especially when they’re from out of state. If the other driver goes back to their home state, tracking them down and serving them with legal papers can become a real challenge. But the earlier we get started, the sooner we can take action and secure compensation. Plus, it is less likely you are to miss important deadlines.
We’ve seen it all—the tangled mess of insurance claims, out-of-state companies playing games, laws contradicting each other, and uninsured drivers adding chaos to injury. It’s a maze, no doubt, but one we’re not afraid to navigate. Complexity doesn’t scare us; it fuels our resolve to fight for what’s rightfully yours.
When you come to us, it’s straightforward. No tricks, no hidden costs. We’ll sit down with you, talk it through, and evaluate your case—all without any obligation. You don’t owe us a dime unless we win. Life can feel heavy in moments like these, but you don’t have to carry it all alone. We’ll walk with you, step by step, clearing the path as we go.