The holiday season is one of the busiest travel times of the year. Millions of people hit the road to visit friends and family, which means highways, airports, and rental car lots become more congested than usual. Unfortunately, the increase in traffic, combined with fatigue, weather, and alcohol use, also means a sharp rise in car accidents.
Being injured in a crash close to home is stressful enough. Being hurt in another city or state adds a new layer of challenges. From figuring out where to file your claim to dealing with multiple insurance companies, it’s important to understand how these cases work so you can protect your rights if an accident disrupts your holiday travel.
Why Holiday Travel Is Risky
Several factors make the holiday season especially dangerous for drivers:
- Congested Highways: More cars on the road, especially around major metropolitan areas and interstates.
- Fatigue: Long-distance trips and overnight drives increase drowsy driving risks.
- Alcohol and Impaired Driving: Holiday parties and celebrations contribute to more impaired drivers on the road.
- Weather Conditions: Ice, snow, and rain make roads slick and visibility poor.
- Distraction: GPS use, unfamiliar routes, and kids in the car all pull attention away from the road.
The National Highway Traffic Safety Administration (NHTSA) consistently records spikes in fatal crashes around Thanksgiving, Christmas, and New Year’s.
Where Do You File a Claim?
If you’re injured in a car accident while traveling, your legal claim usually must be filed in the state where the crash occurred. This matters because every state has different rules that affect your rights and recovery.
- Fault vs. No-Fault: Some states follow at-fault systems, where the negligent driver’s insurer pays damages. Others use no-fault systems, which may limit lawsuits unless injuries are serious.
- Different Deadlines: Statutes of limitations vary, sometimes giving victims only a year to file a lawsuit.
- Damages Available: State law determines the types of compensation you can recover, including medical bills, lost wages, and pain and suffering.
Because the location of the crash can have such a big impact on the outcome, consulting an attorney familiar with jurisdictional issues is essential.
How Insurance Works After a Holiday Crash
Most personal auto insurance policies cover you anywhere in the United States, which means your policy should still apply even if the accident happens far from home. But However, in practice, out-of-state crashes often create disputes about which insurer is responsible.
- Rental Cars: Your personal policy may apply first, the rental company’s coverage second, and the at-fault driver’s insurer third. Untangling those layers of coverage is rarely straightforward.
- Policy Adjustments: If your state requires less insurance than the state where the crash occurred, your policy usually “adjusts” to meet the higher minimum. That can change how much coverage is available.
- Finger-Pointing by Insurers: With multiple policies in play, insurers may delay or deny claims, leaving victims stuck in the middle.
This is one of the most common reasons accident victims turn to attorneys — to cut through the confusion and make sure insurers pay what they owe.
Protecting Your Claim After a Holiday Travel Accident
Being injured far from home creates hurdles that most people don’t expect. Medical care may be scattered between the city where you were hurt and your hometown providers. Insurance adjusters often operate across state lines, making communication slow and confusing. And because lawsuits usually must be filed where the crash happened, families sometimes feel pressured to accept quick settlements just to avoid dealing with an out-of-state case.
To protect your rights after a holiday travel crash, focus on these essentials:
- Get Prompt Medical Care: Immediate treatment not only protects your health, it also creates a paper trail that connects your injuries to the accident.
- Keep Documentation: Travel itineraries, hotel receipts, and proof of missed work help establish the financial toll of being hurt away from home.
- Be Cautious With Insurers: Early settlement offers are often designed to close the case cheaply. Once you sign, you may lose the right to pursue future medical costs or lost income.
Out-of-state accidents can be complicated, but the right legal team can help you manage the process, deal with insurers, and file in the correct jurisdiction so you’re not left paying the price for someone else’s negligence.
How Hilliard Law Can Help
At Hilliard Law, we know how overwhelming it is to be injured far from home. Our attorneys have decades of experience handling complex car accident claims, including cases that cross state lines, involve multiple insurers, or require litigation in unfamiliar jurisdictions. We fight to recover full compensation for medical bills, lost wages, and the pain these accidents cause.
If you or a loved one has been injured in a car accident during holiday travel, don’t wait to get legal help.
Call (866) 927-3420 or contact us online for a free, confidential consultation.