What to Do If an Out-of-State Driver Causes an Accident in Illinois

The Collins Law Firm is proud to help Illinois drivers and passengers navigate the confusion that follows a car accident with an out-of-state driver. Highways like I-55, I-80, I-90, and I-294 see thousands of travelers every day. When an out-of-state driver causes a crash, victims often find themselves facing unfamiliar insurance companies, complicated jurisdiction rules, and out-of-state defendants.

At The Collins Law Firm, our personal injury attorneys have decades of experience representing victims in multi-state car accident cases — ensuring that those injured on Illinois roads receive fair compensation, no matter where the at-fault driver lives.

Why Out-of-State Accidents Are Different

Car accidents involving non-Illinois drivers raise unique legal and procedural challenges. Common issues include:

• Insurance coverage across state lines
• Jurisdiction questions (where you can file a lawsuit)
• Different state insurance laws and minimum limits
• Difficulty serving legal documents or collecting judgments
• Out-of-state witnesses or evidence

Despite these complications, Illinois law is clear: if an accident occurs in Illinois, the at-fault driver — even one from another state — is subject to Illinois traffic laws and can be sued in Illinois courts.

Steps to Take Immediately After the Accident

Your actions in the minutes and days after a crash can protect both your health and your legal rights.

1. Call 911 – Always report the accident to police, even if the out-of-state driver suggests settling privately.
   
2. Get medical attention – Even minor injuries can worsen over time; documentation is key to your claim.
   
3. Exchange information – Record the other driver’s name, phone number, address, license plate, and insurance details.
   
4. Collect evidence – Take photos of vehicle damage, road conditions, and traffic signals.
   
5. Get witness statements – Write down contact info for anyone who saw the crash.
   
6. Notify your insurance company – Report the accident, but avoid giving recorded statements until you’ve spoken to a car accident attorney.
   

After any serious accident, contact The Collins Law Firm as soon as possible. We’ll handle communication with insurance adjusters and help ensure you don’t jeopardize your right to full compensation.

Understanding Jurisdiction: Where Can You File Your Claim?

When an out-of-state driver causes a crash in Illinois, jurisdiction typically falls under Illinois state courts because the accident — and the resulting harm — occurred here.

This means:

• You can file your lawsuit in the county where the accident occurred (such as Cook, DuPage, Will, or Kane County).
  
• The out-of-state driver can be served with process through Illinois’ “long-arm statute,” which extends jurisdiction to nonresidents who cause injury within the state.
  

If multiple drivers or commercial vehicles are involved, your case may also involve federal jurisdiction due to diversity of citizenship or interstate business operations. The Collins Law Firm can determine the most strategic venue for your claim.

Insurance and Liability Across State Lines

Most out-of-state drivers carry insurance policies that automatically adjust to meet Illinois’ minimum liability requirements when driving here. Illinois law currently requires:

• $25,000 for bodily injury per person
  
• $50,000 for bodily injury per accident
  
• $20,000 for property damage
  

However, many states have lower limits — and commercial or rental vehicles may be covered under complex policies involving multiple insurers.

The Collins Law Firm investigates all potential sources of recovery, including:

• The at-fault driver’s auto insurer
  
• The vehicle owner’s insurance
  
• Commercial fleet or employer policies (if the driver was on the job)
  
• Your own uninsured/underinsured motorist coverage
  

We handle all negotiations and filings, ensuring you aren’t left paying the price for another driver’s mistake.

What If the At-Fault Driver Returns Home?

Many out-of-state drivers return to their home state immediately after an accident, leaving victims unsure how to pursue their claim. Fortunately, Illinois law provides clear remedies:

• Insurance coverage travels across state lines, so you can still file a claim through their insurer.
  
• If litigation becomes necessary, The Collins Law Firm can serve the defendant through certified mail or via their home state’s Secretary of State office.
  
• Once a judgment is obtained in Illinois, it can be enforced in the defendant’s home state under the Full Faith and Credit Clause of the U.S. Constitution.
  

Our attorneys handle these interstate procedures regularly, ensuring no delay in your pursuit of justice.

Common Injuries in Out-of-State Accidents

Interstate and highway collisions often involve higher speeds and greater impact forces, leading to severe injuries such as:

• Whiplash and spinal injuries
  
• Broken bones and internal bleeding
  
• Traumatic brain injury (TBI)
  
• Burns and disfigurement
  
• Wrongful death
  

Beyond physical injuries, victims frequently face financial hardship from medical bills, vehicle loss, and missed work. The Collins Law Firm ensures your settlement includes both economic damages (like lost wages and medical costs) and non-economic damages (like pain, suffering, and emotional distress).

Handling Rental Car and Rideshare Accidents

Out-of-state visitors often drive rental cars or use rideshare services like Uber or Lyft while traveling in Illinois. These situations introduce additional layers of insurance and liability:

• Rental car companies must carry minimum coverage for their customers.
  
• Rideshare companies have commercial policies that may cover up to $1 million in damages.
  
• Credit card travel protections may also apply in certain rental car cases.
  

The Collins Law Firm, our rideshare accident attorneys, have experience navigating these multi-policy disputes and can help identify which insurer bears responsibility — even when companies attempt to shift blame.

How The Collins Law Firm Builds Your Case

Out-of-state accident cases demand thorough investigation and coordination across jurisdictions. When you work with The Collins Law Firm, we:

1. Investigate the crash using police reports, photos, and witness statements.
2. Identify all liable parties and insurance carriers.
3. Consult accident reconstruction and medical experts to strengthen your claim.
4. Negotiate with out-of-state insurers to secure fair settlements.
5. File suit in Illinois courts if the insurer refuses to pay what you deserve.
   

Our attorneys manage every detail — from evidence collection to litigation — so you can focus on your recovery.

Avoiding Mistakes That Could Hurt Your Case

Victims of out-of-state accidents often make these costly mistakes:

• Accepting an early settlement before knowing the full extent of injuries.
  
• Failing to seek prompt medical treatment.
  
• Assuming their own insurance will automatically cover everything.
  
• Trying to handle cross-state claims without legal representation.
  

Insurance companies know how to exploit these errors. The Collins Law Firm ensures that doesn’t happen.

Why Choose The Collins Law Firm

For more than two decades, The Collins Law Firm has protected Illinois residents and visitors injured by negligent drivers. We combine local expertise with the resources to manage multi-state insurance and litigation challenges.

Whether you were injured on a local road in Naperville or a highway near Chicago, we’ll ensure the at-fault driver — wherever they live — is held accountable for your losses.

Call The Collins Law Firm Today

If you’ve been injured in an accident caused by an out-of-state driver, don’t face the insurance companies alone.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will help you understand your rights, determine where to file your claim, and pursue maximum compensation for your injuries and damages.

Get justice. Contact The Collins Law Firm now.