Auto Insurance Claims: OUT OF STATE ACCIDENT, accident occured, liability coverages

Question
HI RICHARD I AM A NO FAULT SUPERVISOR IN NY BUT WE HANDLE A LOT OF DIFFERENT STATES. WANTED TO GET AN OPINION ON AN ACCIDENT... IT WAS A PENNSYVANIA RENTAL CAR THAT WAS IN AN ACCIDENT IN DELAWARE. PASSENGER WAS INJURED. IN PENNSYLVANIA THE INS. LAW IS FOLLOW THE PERSON. IN DELWARE IT IS FOLLOW THE VEHICLE. SINCE THIS IS A PENNSYLVANIA POLICY BUT A DELAWARE LOSS DO YOU THINK WE OWE THE PASSENGER COVERAGE? IS IT FOLLOW THE LAW OF THE LAND? OR DO THEY NEED TO GO BACK TO THEIR OWN POLICY? IS DELAWARE A DEEMER STATE?

Answer
Hi Kelly,

No fault or PIP coverage can be very confusing. The "law of the land" and coverage adjusting to meet state requirements generally applies to liability coverages and is meant to protect the residents of a state from people passing through with lower limits than they are required to carry.

The only type of coverage that I am aware of that follows the driver is PIP coverage. So I would think that regardless of the state the accident occured in, if the state the policy affords PIP coverage that it would follow the driver and any passengers where ever they happen to be.  However, it's been a long time since I have handled PIP claims. So I would suggest you continue your search for a diffinitive answer. You may need to submit this one to outside counsel for an opinion.

I hope this helps
Richard Hixenbaugh