Part 3 of 3 in the series The Car Accident Calendar: Seasonal Crash Risks and Who Really Pays.
Part 2 covered the back-to-school rush and the short deadlines on claims against schools. This last stop on the Car Accident Calendar is the road trip, where one crash can pull in a rental car, a driver from another state and several insurance companies, each pointing at the next.
This series was shaped by insights from Mooshehk Peresonal Injury Law Firm, whose car accident work across several states shows how often victims get stuck in the space between policies.
As with the holiday drunk driving claims in Part 1, the person behind the wheel is not always the only source of money. On a road trip, finding the right source just takes more digging.
Picture this. You are stopped at a light in Glenwood Springs. A driver from Texas, in a sedan rented at Denver International Airport, looks down at a GPS and rear-ends you. Your neck hurts, and your trunk is crushed. Who pays? In most cases, the money comes from these places, roughly in this order.
Many personal auto policies follow the driver into a rental car, so the Texas driver's home policy is often first in line. Most policies also include an out-of-state clause that raises coverage to the minimum limits of the state where the crash happened. For Colorado, that is $25,000 per person for injuries.
Rental companies usually carry basic liability coverage, but it is often thin and sometimes kicks in only after the renter's own policy runs out. Extra liability protection bought at the counter can add real money to the pot.
Here is the catch many victims never hear about. A federal law called the Graves Amendment generally stops you from suing the rental company just because it owns the car. The company can still be on the hook if it did something wrong itself, like renting out a car with bad brakes it knew about.
If the at-fault driver has little or no coverage, your own uninsured and underinsured motorist coverage may be what actually pays your medical bills.
A crash between drivers from two different states raises a fair question. Whose rules apply? Often the answer is both, just for different parts of the claim.
The rules about fault usually come from the state where the crash happened. If you were hurt in Colorado, Colorado's rules will likely decide whether you can recover. That matters because Colorado's 50% rule blocks you from collecting anything if you are found 50 percent or more to blame. Other states split fault differently, and a few still bar recovery if you were even slightly at fault.
The insurance policy is a different story. A policy written in Texas or Arizona is a contract, and courts often read it under the law of the state where it was sold.
"Most people assume the state where the crash happened decides everything, and that is where claims start to go sideways," says Daniel Reyes, senior trial attorney at Mooshekh Law Firm. "The other driver's insurer may be applying its home state's rules while you are relying on Colorado's. Someone has to sort out which rule controls each piece before you accept any offer."
Each state sets its own time limit to file a lawsuit. Colorado generally allows three years for car crash injury claims, but if you have to sue in the other driver's home state, a shorter deadline might apply. Multi-state cases need a calendar check on day one, not month ten.
Distance adds its own trouble. Witnesses fly home. The rental car gets repaired and sent back out. Evidence disappears as fast as it does after the school zone crashes covered when we looked at back-to-school crash deadlines.
Every Colorado case turns on details that are easy to miss on your own. A short conversation costs nothing and tells you where you actually stand.
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The best time to fix a coverage gap is before you pack the cooler. Check these items before your next long drive.
Get the other driver's license, home insurance card and the rental agreement number. Photograph the rental company sticker or barcode on the car, and get a police report, even for a minor crash. Then be careful when an out-of-state adjuster calls fast with a friendly offer. Understanding where Colorado injury payouts actually come from makes it easier to spot a lowball and see which policies are still untouched.
This series followed the year from holiday parties to the first school bell to the open highway: a bar that kept serving, a distracted driver near a bus stop, a tourist in a rental car. In every case, the driver who hit you was rarely the only one who could be responsible, and the evidence started fading almost right away. Road trips add state lines that split the rules and insurers that point fingers at each other. Check your coverage before you travel, gather the right details if a crash happens, and get help sorting out which state's rules apply before any deadline slips by. Whatever the season, acting early is what keeps the bill off your plate.
Written and reviewed by the trial attorneys at Personal Injury Law Firm of Colorado, 1099 18th St # 2400, Denver, CO 80202. Our team has spent more than two decades litigating injury claims in Colorado state and federal courts. This article is general information about Colorado law, not legal advice about your specific claim.
Evidence disappears, witnesses move, and deadlines pass quietly. Tell us what happened and we will tell you honestly whether you have a claim worth pursuing.
