Let’s be honest – Winter is not everyone’s most beloved season in Michigan. From the lack of daylight to the bone chilling cold, winter can be very hard to enjoy. Unless you’re a snowmobiler or ice fisherman, you might be forced to stay inside with nothing to do.
This period of cold weather doldrums contributes to a high percentage of Michiganders travelling to warmer states for a much needed dose of sunshine and relaxation. Unsurprisingly, Florida, Alabama, and other southern states are amongst the hottest destinations for Michigan vacationers.
Commercial flights are often the preferred means of transportation for Michiganders headed south. However, with the price of plane tickets currently soaring, many vacationers may opt for a roadtrip to Florida (or frankly, anywhere warm) this winter.
If you are cold-averse and find yourself on a south-bound roadtrip as temps begin to drop, you could be left wondering:
- Does my auto insurance cover vehicle repairs outside of Michigan?
- Will my medical treatment be covered in the event of an out-of-state accident?
- Do I need a separate policy for my trip?
This blog looks to clear up some of these auto-insurance question marks and help ensure you have full coverage, no matter what state you’re driving in.
Does Car Insurance Travel With You?
Generally speaking, yes – your auto insurance policy will follow you outside of Michigan. Most standard car insurance policies are valid in all 50 states.
As a rule of thumb, remember that auto insurance follows the car – not the driver. This means that if you are in your own car, your liability, collision, comprehensive, and personal injury protection coverage all apply, regardless of where you’re driving in the U.S.
A unique aspect of out-of-state auto insurance coverage is the fact that if another state requires more minimum coverage for bodily injury liability, your policy will automatically adjust to match that state’s minimum coverage requirement.
For example, if your home state requires only $25,000 in minimum bodily injury liability coverage, but another state requires $50,000, your policy will automatically adjust to meet that higher $50,000 minimum while you are driving there.
Again, this coverage only applies to your own vehicle. If you are in someone else’s car, their insurance will apply before your own (unless you are specifically excluded from that person’s policy). Your insurance may still apply as secondary coverage if the car owner’s limits are too low, but this can depend on the details of your policy.
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Important Note on Residency: The information presented above assumes you are a Michigan resident traveling temporarily in another state. If you spend more than 30 days per year in another state (for example, living part of the year in Florida or attending school out of state), you may be legally required to register and insure your vehicle in that state. Failing to do so can lead to fines, penalties, or even coverage denials.
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Common Discrepancies and Coverage Gaps
Even though your auto insurance usually follows you across state lines, there are important systematic discrepancies and gaps in coverage that you should be aware of.
Uninsured and Underinsured Drivers: The first common insurance coverage gap to be aware of is that of uninsured or underinsured drivers.
As mentioned in the previous section, not every state requires drivers to carry the same level of liability insurance. Some states have very low minimums. Some states, like New Hampshire, don’t mandate liability insurance at all – provided drivers can prove financial responsibility in another way.
If you’re hit by a driver with no insurance or minimal coverage, your expenses can easily exceed what the other driver’s insurance is willing to cover.
To protect yourself against poorly insured and completely uninsured drivers, looking into a Uninsured and/or Underinsured Motorist Coverage (UM/UIM) plan could prove to be beneficial. Although not required in Michigan, such coverage can save you in the event of a crash with an uninsured motorist.
Liability Threshold Discrepancies: Another place where systematic discrepancies and potential coverage issues arise is the liability threshold required to engage in a lawsuit.
In Michigan, your injuries must meet a “serious impairment of body function” threshold in order for you to engage in a third party lawsuit against the at-fault driver in your accident. This is a key feature of the no-fault system in Michigan.
This threshold that dictates lawsuits in Michigan does not always apply in other states. Although your Michigan PIP coverage may kick in, receiving any additional compensation beyond medical bills and lost wages can be greatly complicated (or sometimes made easier), while in another state.
In states with contributory negligence (as opposed to comparative negligence), you may not be able to sue for anything, if you are as little as 1% at-fault for your accident. This places a great deal of importance on your PIP coverage, which could be your only means of compensation if you find yourself even partially at-fault in a state with contributory negligence.
On the other side of this same coin, some states have more lenient thresholds compared to Michigan’s “serious impairment of body function”. For example, Ohio doesn’t require that injuries meet any special definition in order to sue the at-fault driver. So, in addition to your PIP benefits following you into Ohio (an at-fault state), you can also initiate a third party lawsuit there more easily.
Legal Representation
Getting into an accident outside of Michigan can be an absolute nightmare. Between recovering from your accident, navigating legal jargon, and finding an attorney not trying to make a quick buck off of you, this experience is anything but pleasant.
As discussed in our past blog on vacation injuries, those injured out of state usually have a few different options for legal representation:
- Settlement (In Michigan): Tough and rarely pursued
- Association with an Out of State Lawyer: More common, but requires a well connected lawyer
- Referral: Most common option, can prove to be very useful if your attorney is well connected
For a detailed explanation of each scenario, check out the blog linked above. Otherwise, just know that navigating an out-of-state accident can be very complex. Having an experienced, well-connected attorney can make all the difference in such cases.
Get David Get Paid
If you recently found yourself in an accident outside Michigan, look no further than Femminineo Law for legal representation.
The team here at Femminineo Law has the experience, connections, and know-how to produce meaningful results. You can rest assured that with Femminineo Law on your case, every advantage will be realized, no short cuts will be taken, and you will receive top dollar for your pain and suffering.
Get someone who will fight relentlessly for you. Get the personal injury law experts. Get David, Get Paid.
Call us today at 855-65-CRASH or visit our website at www.getdavidgetpaid.com.