Crossing paths with an out-of-state driver on I-85 in the Upstate, I-20 in the Midlands, or I-95 in the Lowcountry is part of daily life for commuters in South Carolina. Our proximity to neighboring states and population growth have made these routes a bit more congested over the years.
If you’re reading this because you were just in an accident with an out-of-state driver, or you’re trying to make sense of what happens next because it’s not another driver from your community, you’re probably feeling overwhelmed, unsure about what to do, and worried about what comes next.
That reaction is normal. Multi-state accidents introduce layers of confusion, driven mainly by incorrect conclusions most people don’t expect. The good news is that the rules are more straightforward than you might think.
But remember, the standard protocol for what to do and what not to do after an accident still exists. Before you make decisions that could hurt your case, read through the five most common myths I see—and the truth that can protect your health, your options, and your peace of mind.
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Myth #1: “If the at-fault driver is from another state, I have to file my claim there.”
Many people panic when they realize the at-fault driver lives hours away, assuming the entire process must follow that person’s state’s rules. But that’s not how jurisdiction works. If the accident occurred in South Carolina, South Carolina law applies, regardless of where the other driver lives, where their policy was issued, or where their insurance company is based.
The only things that matter are our laws on negligence, damages, and insurance requirements. Your claim is handled where you were injured, not where the other driver happens to be registered.
Myth #2: “Out-of-state drivers can avoid accountability because they don’t live here.”
It’s natural to worry that someone who lives in another state can slip out of reach, especially when you’re already dealing with medical appointments, car repairs, and insurance stress.
But accountability doesn’t stop at the state line.
When someone chooses to drive in South Carolina, they automatically opt in to being governed by our laws and courts.
Their insurance must answer here. They can be legally served here. Distance doesn’t erase responsibility, and no, you’re not expected to chase anyone down on your own.
Myth #3: “My insurance won’t cover me if I’m hit by a driver with a policy from another state.”
This myth keeps people up at night, especially when the adjuster starts asking questions about the other driver’s coverage. But your protection follows you wherever you go.
The laws don’t shrink your protection just because the other driver came from somewhere else. Your policy is designed to travel with you and to protect you, even if the other driver’s policy looks different.
Myth #4: “Different state laws make these cases too complex to win.”
Accidents involving multi-state vehicles do introduce more variables, and it’s understandable to feel intimidated when you see conflicting information online.
But complexity is not the same as difficulty.
A strong legal strategy sorts out questions about jurisdiction, policy limits, and comparative negligence early and uses them to your advantage. But remember, you don’t need to master the legal details; what you need is a solid legal team in your corner that already understands how to make them work for you.
Myth #5: “I should wait to sort everything out with the other driver’s insurance company.”
When life feels chaotic, waiting can feel safer than acting. But waiting is what insurance companies count on. Out-of-state insurers may delay communication, shift blame, or apply unfamiliar rules, hoping you won’t know the difference. Meanwhile, evidence disappears, witnesses forget details, and deadlines come and go.
A sense of urgency is natural, but clarity is even more important. Speaking with a lawyer early doesn’t mean you’re filing a lawsuit; it means you’re doing your due diligence and protecting yourself from mistakes that can’t be undone later.
What You Should Do After an Accident with an Out-of-State Driver
When your mind is racing, a simple plan helps calm the chaos. These five steps protect both your health and your case, whether you decide to hire a lawyer or not:
- Call law enforcement and get an official report.
- Photograph everything—damage, injuries, road conditions, license plates.
- Exchange information, especially insurance details and home state IDs.
- Seek medical care, even if symptoms seem mild at first.
- Talk to an attorney before engaging with the other driver’s adjuster.
Each step builds the foundation for your recovery and protects you from common pitfalls.
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Bonus Question: “What if the out-of-state driver is a commercial truck or an independent subcontractor?”
Accidents involving commercial truckers—especially those traveling through South Carolina from other states—follow a very different set of rules than standard passenger-vehicle accidents.
These cases often involve federal regulations, multiple insurance policies, complex liability questions, and aggressive corporate defense teams. If an out-of-state truck driver caused the accident, the stakes are higher, and the process moves differently.
I’ve written extensively on this topic, but here are the highlights of what you need to know.
- Truck drivers are governed by federal laws, not just state laws. Unlike everyday drivers, commercial truckers must follow FMCSA (Federal Motor Carrier Safety Administration) regulations. This means things like: hours-of-service restrictions, weight limits, maintenance and inspection requirements, and drug and alcohol testing rules. If a trucker violates one of these rules, they may be automatically considered negligent, no matter where they’re from.
- There may be multiple liable parties — not just the truck driver. Along with the out-of-state driver, the responsible party could also be the trucking company, the company that loaded the cargo, a maintenance contractor, a broker or logistics company, and (in rare cases) the truck manufacturer.
- Trucking companies often deploy rapid response teams immediately. Unlike normal drivers, trucking companies are trained to protect themselves within minutes of an accident. They may send corporate investigators, insurance adjusters, or attorneys. This creates an imbalance—you’re injured, overwhelmed, and collecting yourself while a corporation mobilizes its defense.
Contractors? Subcontractors? That’s even more involved.
Accidents involving drivers from different states create questions you never expected to face, especially when you’re already dealing with pain, bills, and uncertainty.
But the confusion doesn’t have to cloud your next steps. With the correct information and guidance, these cases are manageable, predictable, and often very favorable for the injured person.
If you’re unsure what to do next or need someone to help you make sense of your options, know that my team and I are here to walk you through it.
