What to Do If You're in an Out-of-State Car Wreck

 Posted on February 25, 2026 in Personal Injury

What should you do if you get in a car wreck outside your home state? This is a common question for a common situation. Out-of-state wrecks can be even more stressful than in-state ones because of unfamiliar laws and distance from your own home and usual medical providers.

If you’re from out-of-state and you get hurt in a crash in Illinois in 2026, a DuPage County car accident lawyer will be a valuable resource as you manage this difficult situation. 

What Should You Do Immediately After an Out-of-State Accident?

The steps you take right after the crash matter a great deal for your health and your legal case. As much as the situation allows, try to do the following:

• Call 911. Even if there are no obvious injuries, getting police to the scene creates an official accident report. You will need this documentation later.
• Get medical attention right away. Do not wait until you get back to your home state to see a doctor. Getting treated at the scene or at a nearby hospital creates another valuable record about the accident.
• Take photos of the vehicles, the road, any visible injuries, and the surrounding area. Get the other driver's name, insurance information, license plate number, and contact details.
• Get witness information. If anyone saw the accident, ask for their name and phone number before they leave.
• Notify your own insurance company. Most policies require you to report an accident promptly, regardless of where it happened.

Which State's Laws Apply to a Car Accident with an Out of State Driver?

This is one of the most common questions people have after an out-of-state accident. The laws of the state where the accident happened will apply to your case. This means that if you were in a crash in Illinois, Illinois laws apply. If you were in Wisconsin or Indiana, those states' rules about fault, damages, and filing deadlines apply.

Different Statutes of Limitations by State

Remember that every state sets its own deadline – called a statute of limitations – for filing a personal injury lawsuit. In Illinois, under 735 ILCS 5/13-202, you generally have two years from the date of the injury. If your accident happened in another state, though, you must follow their deadlines. Some states give much less time (i.e., one year). Missing this deadline means losing your right to sue.

Will I Be Able to Get Compensation for an Out-of-State Accident?

This depends mostly on the state you wrecked in and whether the accident was your fault. "Fault rules" – who can get compensation for accidents – vary by state. Some states follow a pure comparative fault system, where you can recover damages even if you were mostly at fault. Others, like Illinois, use a modified comparative fault rule, which cuts off your ability to recover damages if you were more than 50 percent responsible. A few states still use contributory negligence, which can bar recovery entirely if you were even a little at fault.

Knowing which rule applies in the state where your accident happened can significantly affect the value of your claim.

Can an Illinois Attorney Help With an Out-of-State Accident?

If you get into an accident in another state, most of the time you will need an attorney from that state. Attorneys licensed to practice in one state cannot automatically practice in any other state. If you are not from Illinois and you get into an accident in Illinois, you will need an attorney who practices here to represent you because the case will be heard in a local court that has jurisdiction. 

If you already have a trusted attorney back home, your attorney can help you find a trust attorney in the state where the accident happened. Your attorney can also help you understand your own insurance policy, especially if you have to file a claim with your own insurance. Your own car insurance policy will probably provide coverage for out-of-state accidents, including uninsured or underinsured motorist coverage. 

Whether you work with an in-state or out-of-state attorney, your best bet is to work with an attorney who can review your policy and make sure you are getting all the benefits you are entitled to. The key is to act quickly and get the right legal guidance before the clock runs down.

Call a Bloomingdale, IL Car Accident Lawyer Today

If you’re an out-of-state driver who got in a wreck in Illinois, you’ll need to understand the local laws that govern your accident. At Mevorah & Giglio Law Offices, we offer a free case evaluation so you can understand your options with no obligation. 

We have three offices for your convenience in Lombard, Bloomingdale, and Naperville, and we offer Saturday and evening appointments to fit your schedule. Call a DuPage County car accident attorney at 630-932-9100 today.