What to Do If You’re Injured by an Out-of-State Driver in Florida

Florida is one of the most visited states in the country. With millions of tourists each year, drivers from New York, New Jersey, Georgia, the Carolinas, the Midwest, and beyond fill our major roadways — including I-95, the Florida Turnpike, US-1, and A1A. Seasonal visitors, rental cars, unfamiliar roads, and heavy traffic all increase the risk of collisions.

If you’re injured by an out-of-state driver in Florida, you may wonder how insurance works, which laws apply, and whether you’ll face complications. The good news is that Florida law provides strong protections for injured drivers, pedestrians, motorcyclists, and bicyclists — even when the at-fault driver isn’t a Florida resident.

At Kogan & DiSalvo, we regularly represent clients in car accidents involving out-of-state drivers and help them navigate the complexities of these cases. Here’s what you need to know.

Step 1: Call 911 and Seek Immediate Medical Care

Every accident should be reported to law enforcement, but this is especially important when the other driver is from out of state. A police report is a critical piece of evidence because:

• It documents the facts of the crash
  
• It identifies the out-of-state driver
  
• It preserves insurance and license information
  
• It helps establish fault
  
• It protects you from disputes later
  

After the report is completed, get medical care as soon as possible. Florida’s PIP (Personal Injury Protection) rules require you to seek treatment within 14 days to maintain eligibility for benefits.

Step 2: Gather Evidence at the Scene (If You Can Do So Safely)

Out-of-state cases often involve rental cars, unfamiliar drivers, and disputes about what happened. Evidence collected at the scene can be invaluable.

Try to gather:

• Photos of both vehicles
  
• Pictures of skid marks, debris, traffic lights, and road conditions
  
• The other driver’s license
  
• Insurance card (even if it’s from another state)
  
• Rental car documents, if applicable
  
• Witness names and phone numbers
  
• The vehicle’s license plate
  

If you are too injured to collect this information, this is where a Florida personal injury attorney can step in later to obtain it on your behalf.

Step 3: Understand How Florida’s Insurance Laws Apply

Florida is a no-fault insurance state, which means your own PIP coverage pays your initial medical expenses and lost wages — regardless of who caused the crash.

But no-fault coverage has limits. For injuries that exceed the PIP threshold or qualify as “serious injuries,” you may pursue a liability claim against the out-of-state driver.

Does the Out-of-State Driver’s Insurance Apply in Florida?

Yes. Nearly all auto insurance policies must comply with coverage rules in the state where an accident occurs. This means:

• A Georgia driver’s insurance must meet Florida’s minimum requirements
  
• A New York driver’s liability coverage applies to the crash
  
• Rental car insurance policies generally extend to Florida
  

When you’re injured in Florida, Florida law controls the case, regardless of where the other driver is from.

Step 4: Determine Whether the Driver Was in a Rental Car

Florida’s tourism-heavy areas — Boca Raton, Fort Lauderdale, West Palm Beach, Delray Beach, and the Treasure Coast — see a high number of rental car collisions.

When a rental car is involved, several insurance policies may apply:

• The driver’s personal auto insurance
  
• The rental car company’s insurance
  
• Supplemental coverage purchased by the renter
  
• Credit card coverage (in some situations)
  

These cases can be complicated, and navigating multiple insurance companies often requires legal support.

Step 5: Notify Your Insurance Company, But Be Cautious

You should report the crash to your own insurance company promptly. However, avoid giving recorded statements to any insurance company — including your own — before speaking with a lawyer.

Why?

Insurance adjusters may:

• Downplay your injuries
  
• Claim you were partially responsible
  
• Use your statements to reduce compensation
  
• Push quick, low settlements
  

Kogan & DiSalvo can communicate with adjusters on your behalf to protect your claim.

We’re here to help you understand your rights.

Kogan & DiSalvo has helped injured victims across Florida — and we’re ready to help you, too.

Step 6: Understand Jurisdiction and Where Your Case Is Filed

If your case becomes a lawsuit, it will almost always be filed in Florida, because:

• The accident occurred in Florida
  
• Florida courts have jurisdiction over out-of-state drivers who cause crashes here
  
• Evidence, witnesses, and medical treatment are in Florida
  

The out-of-state driver is legally required to appear in Florida court proceedings if necessary.

Step 7: Know Which Laws Apply to the Accident

Florida law applies — not the law of the driver’s home state.

This includes:

• Florida negligence standards
  
• Florida’s modified comparative fault rule
  
• Florida’s PIP requirements
  
• Florida’s statute of limitations
  

The statute of limitations for a Florida personal injury claim is generally two years from the date of the accident. This rule applies even if the other driver lives elsewhere.

Step 8: What if the Out-of-State Driver Leaves the State?

This happens more often than you might expect. Tourists may return home immediately after a crash, which can complicate communication or service of legal documents.

Kogan & DiSalvo uses investigative tools to:

• Locate the out-of-state driver
  
• Confirm their insurance coverage
  
• Serve legal paperwork across state lines
  
• Correspond directly with the driver’s insurance company
  

Out-of-state residency does not allow a driver to escape responsibility.

Step 9: Pursuing Compensation Beyond PIP

If your injuries are serious — such as fractures, head injuries, herniated discs, or long-term disability — you may pursue a claim for:

• Medical expenses
  
• Future medical care
  
• Lost income
  
• Reduced earning capacity
  
• Pain and suffering
  
• Emotional distress
  
• Property damage
  
• Wrongful death (for families who lost a loved one)
  

These damages go far beyond what PIP covers.

Why Cases Involving Out-of-State Drivers Are More Complex

Several factors add complexity:

• Multiple insurance policies
  
• Insurers located in different states
  
• Rental car contracts
  
• Tourists who leave the state
  
• Disputes about jurisdiction
  
• Different state coverage limits
  

This is why early legal representation is extremely important.

How Kogan & DiSalvo Helps After an Accident with an Out-of-State Driver

Our attorneys handle all aspects of these cases, including:

• Investigating the crash
  
• Gathering traffic camera footage, witness statements, and police reports
  
• Coordinating with out-of-state insurers
  
• Identifying all available insurance coverage
  
• Negotiating with rental car companies
  
• Handling PIP and liability claims
  
• Filing lawsuits in Florida courts when needed
  

We fight to make sure our clients receive full compensation, no matter where the responsible driver is from.

Call Kogan & DiSalvo Today

If you were injured by an out-of-state driver in Florida, you don’t have to navigate the confusion alone. You deserve answers — and you deserve someone who will fight for your recovery.

Call Kogan & DiSalvo today for your free consultation. Your recovery starts with a call, and when results matter, we deliver.