Getting into a car accident is stressful enough. But when the other driver is from another state, things can get even more complicated.
As experienced Denver car accident attorneys, we’ve seen how confusing these situations can be. Different insurance laws, out-of-state coverage limits, and the question of who pays what can leave you with more questions than answers.
Here’s what you need to know—and how our team at Denver Personal Injury Lawyers® can help.
Why Out-of-State Accidents Are Unique
Colorado sees a constant flow of visitors. Tourists travel here for the mountains, outdoor adventures, and ski resorts. Business travelers and out-of-state workers fill our highways, too.
With so many non-residents on the road, it’s no surprise that accidents involving out-of-state drivers are common. But these crashes often create legal challenges that aren’t present in in-state collisions.
Here’s why out-of-state crashes are different:
- Multiple states may be involved. That includes different laws, insurance policies, and legal procedures.
- Insurance coverage varies by state. Some drivers have low coverage minimums or limited benefits.
- Policy limits might not match Colorado’s standards, especially for bodily injury.
- UM/UIM and MedPay may or may not apply, depending on both drivers’ policies and where they’re from.
Even small differences in state insurance law can affect how much compensation you receive—or how fast. For example, the at-fault driver’s policy might “offset” your UIM benefits instead of supplementing them. That could reduce the money you recover, even with serious injuries.
Fortunately, Colorado law provides strong protections. And with guidance from an experienced Denver car accident attorney, you can navigate these differences with confidence.
Our team helps identify all available coverage, coordinate claims across state lines, and make sure no insurer avoids its responsibility.
What Damages Can You Recover After an Out-of-State Driver Hits You?
Even if the at-fault driver is from another state, you still have rights under Colorado law. You can seek compensation just as you would after any in-state crash.
A personal injury claim helps cover both financial and personal losses caused by the accident.
Common Types of Damages Include:
- Medical Expenses
From ambulance rides to rehab sessions, you’re entitled to compensation for all related care. - Lost Wages
If you missed work or can’t return to your job, you can claim your lost income—both short-term and long-term. - Property Damage
This includes repairs or replacement for your car, damaged electronics, or anything else harmed in the crash. - Pain and Suffering
Injuries can lead to long-lasting physical pain, emotional distress, or anxiety—these deserve compensation, too. - Loss of Enjoyment of Life
If your injuries keep you from enjoying activities you once loved, you may be entitled to additional damages. - Permanent Disability or Disfigurement
Serious accidents can cause life-altering conditions. These damages reflect long-term loss of function, independence, or appearance.
Our Denver car accident attorneys know how to evaluate both policies—yours and theirs—to maximize your recovery.
What Insurance Applies After the Crash?
One of the first things we’ll determine is which insurance policy applies—and how.
Here’s how it works:
- The at-fault driver’s insurance follows them, even across state lines. For example, if they’re from California, their policy applies in Colorado.
- But your Colorado insurance plays a role, too—especially if the out-of-state driver’s coverage isn’t enough.
That’s where additional coverages come in.
Important Terms to Know:
- Bodily Injury (BI): Pays for others’ injuries if you caused the crash.
- Property Damage (PD): Covers damage to someone else’s vehicle or property.
- Medical Payments (MedPay): Covers your medical costs no matter who caused the crash.
- Uninsured/Underinsured Motorist (UM/UIM): Helps when the other driver has no insurance or too little.
Understanding Colorado’s Insurance Minimums
Every driver in Colorado must carry:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
However, not all states follow the same rules. Some require higher minimums. Others are lower. A few don’t even mandate bodily injury (BI) coverage at all.
So, what happens when an out-of-state driver causes a crash here?
Their insurance might not meet Colorado’s minimum standards. In those cases, your own insurance—especially uninsured/underinsured motorist (UM/UIM) coverage—can help fill the gap.
A Denver car accident attorney can review both policies to see which coverage applies.
What to Know About UIM Offsets
Here’s something many drivers don’t realize: some states treat UIM coverage differently.
In certain states, UIM offsets what the at-fault driver’s insurance pays. In others, it adds on top of it. This situation would apply if your policy was taken out in another state.
For Example:
Let’s say the out-of-state driver’s BI policy pays $35,000, and you have $50,000 in UIM coverage.
- Offset state: You’d only get an extra $15,000.
- Supplement state: You could recover the full $50,000 plus the $35,000.
Offset States (UIM reduced by BI payout):
- Michigan
- New York
- New Jersey
- Pennsylvania
- Virginia
- Minnesota
Supplement States (UIM stacks with BI):
- Florida
- California
- Texas
- Illinois
- Colorado
That’s good news for Colorado residents. In most local cases, your UIM coverage adds to your total recovery.
What If the Out-of-State Driver Has No Insurance?
Unfortunately, not all drivers follow the law. If the other driver is uninsured or underinsured, you may need to rely on your own UM/UIM coverage.
In Colorado, insurers must offer you UM/UIM coverage equal to your liability limits, unless you reject it in writing.
If you’ve been hit and the other driver can’t pay, don’t panic. A Denver car accident attorney can:
- Pull your policy
- Review your UIM coverage
- Help you file a claim quickly and correctly
How Do MedPay and PIP Work?
MedPay (Medical Payments coverage) is standard in Colorado. It usually covers:
- Hospital visits
- Emergency treatment
- Rehab or physical therapy
- Ambulance services
You can use MedPay regardless of who caused the crash. That’s important, especially if the other driver’s insurance is slow to respond.
Make sure to check your own policy. A Denver car accident attorney can also help you understand how these benefits apply when you’re dealing with a driver from out of state.
Steps to Take After an Out-of-State Driver Hits You
Here’s what to do at the scene and beyond:
- Call 911 – Get police on-site to create an official report.
- Exchange Info – Get their license, registration, and insurance details.
- Take Photos – Document the vehicles, road, injuries, and weather.
- Talk to Witnesses – Get their contact info and statements.
- Seek Medical Help – Even if you feel okay, get checked out.
- Call an Attorney – Contact a Denver car accident attorney immediately.
The sooner we can review the other driver’s insurance and your own policy, the better your outcome will be.
Common Questions About Out-of-State Accidents
What if I’m partly at fault?
Colorado follows modified comparative negligence. If you’re less than 50% at fault, you can still recover damages—but they may be reduced based on your share of fault.
Does the other state’s law apply?
Usually, Colorado law applies if the crash occurred here. But the out-of-state driver’s policy might be subject to their home state’s rules.
Can I sue the out-of-state driver?
Yes, you can file a claim or lawsuit in Colorado. Our courts have jurisdiction if the accident happened here.
What if I was driving a rental?
Rental car coverage can vary. We’ll review your agreement and insurance to see what applies. You may also have coverage through your credit card or personal policy.
When Insurance Policies Conflict
It’s common for Colorado drivers to carry MedPay and UIM coverage. But the out-of-state driver may come from a state that handles these benefits differently.
That can lead to coverage disputes. For example:
- Which policy applies first?
- Is UIM stacking allowed?
- Are there exclusions?
Our attorneys can pull and analyze both policies. We know how to spot the differences—and how to argue for your best outcome.
Let Our Denver Car Accident Attorneys Review the Policies for You
Car insurance contracts are a headache to understand. Nonetheless, they determine how much compensation you receive. That’s why it’s best to have a skilled eye looking them over.
We often uncover extra coverage clients didn’t know they had. We also catch tricks used by out-of-state insurers trying to minimize payouts.
Let us pull both policies. We’ll check for:
- MedPay eligibility
- UIM/UM coverage
This is one of the most important steps in your case.
Why Expert Guidance from an Attorney Matters
When you’re hurt in a crash involving an out-of-state driver, things get complicated fast. You’re not just dealing with pain—you’re facing a legal maze.
That’s where our team steps in.
Our Denver car accident attorneys:
- Know Colorado and interstate insurance laws
- Understand how UIM works in all 50 states
- Can track down hard-to-find policies
- Fight back when insurers try to delay or deny your claim
- Negotiate fair compensation backed by evidence
We’ll also explain everything in plain language. You’ll always know where your case stands—and how to protect your rights.
Contact Denver Personal Injury Lawyers® for a Free Consultation
Accidents don’t happen on your schedule—and when they involve out-of-state drivers, things can get complicated fast. That’s why it’s so important to get legal help early. If you’re dealing with the aftermath of a crash involving a visitor or tourist, we’ll take care of the legal legwork so you can focus on healing.
At Denver Personal Injury Lawyers®, we’re known for strong advocacy, honest communication, and results that make a difference. Our team has recovered millions for accident victims across Colorado, and we’re here to fight for what you deserve.
We work on a contingency fee basis, so you won’t pay us unless we recover compensation for you.
If you’re ready to explore your options, reach out today to schedule your free consultation. Let’s talk about how we can help you move forward with confidence.
