Car accidents can happen anywhere — even when you’re far from home. If you’re injured while traveling through Minnesota or Wisconsin, you might find yourself unsure of what to do next. Who handles your claim? Which state’s laws apply? And how do you make sure your rights are protected when you live somewhere else?
Understanding how to file a personal injury claim as an out-of-state visitor is crucial to protecting your recovery. Both Minnesota and Wisconsin have unique rules that can affect how your claim is handled and how much compensation you can pursue.
Where You File Matters
In most cases, your claim must be filed in the state where the accident occurred. That means if your crash happened in Minnesota or Wisconsin, you’ll typically need to follow that state’s laws, even if you live elsewhere.
For example:
- If you were visiting Minnesota and another driver caused your accident, you would likely file your claim in Minnesota.
- The same applies in Wisconsin—claims are handled under Wisconsin law, even if neither driver lives there.
This distinction is important because each state has its own rules regarding insurance coverage, deadlines, and compensation limits.
Minnesota’s No-Fault Insurance System
Minnesota is a no-fault insurance state, which means your own insurance company pays for certain losses—such as medical expenses and lost wages—regardless of who caused the accident. These benefits are known as Personal Injury Protection (PIP).
If your injuries are serious, you may still have the right to pursue an additional claim against the at-fault driver, but only if your injuries meet Minnesota’s “threshold” requirements (such as a specific level of medical expenses or permanent disability).
For out-of-state drivers, Minnesota’s no-fault laws may still apply if the accident happens within the state, even if your insurance policy is based elsewhere. Many policies automatically adjust to comply with local laws when an accident occurs outside the state.
Wisconsin’s Fault-Based System
In contrast, Wisconsin follows a fault-based insurance system. This means the driver who caused the accident is responsible for covering the victim’s losses.
If you’re injured in Wisconsin, you’ll typically file a claim with the at-fault driver’s insurance company. You can seek compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
Because fault plays such a central role in Wisconsin claims, gathering strong evidence—such as police reports, witness statements, and photos—is critical to proving your case.
Jurisdiction and Legal Representation
Filing a claim in a state where you don’t reside can be overwhelming. You may need to appear in local court or provide documentation that complies with that state’s requirements. Having an attorney licensed in Minnesota or Wisconsin ensures your case is handled correctly and efficiently.
A local attorney can:
- File paperwork according to state deadlines
- Communicate with local insurance adjusters
- Represent you in negotiations or litigation
- Coordinate with your home-state providers and insurers
If you live outside the area but were injured while visiting, hiring a firm that regularly handles cross-state claims—like Fay & Associates—can make the process far smoother.
Deadlines and Evidence Preservation
Every state has a statute of limitations—a deadline for filing your claim. In both Minnesota and Wisconsin, you generally have several years to file a personal injury lawsuit, but waiting too long can jeopardize your case.
Evidence also fades quickly: vehicles are repaired, witnesses move, and memories fade. Contacting a local attorney shortly after the accident helps preserve the information needed to build a strong case.
Minneapolis Car Accident Lawyer
Being injured far from home can make an already stressful situation even more difficult. Between different insurance laws, state deadlines, and the logistics of handling a claim from another state, it’s easy to feel lost.
At Fay & Associates, our attorneys regularly represent individuals injured while visiting or traveling through Minnesota and Wisconsin. We know how to navigate state-specific laws, coordinate with insurers, and protect your rights throughout the entire process.
If you’ve been injured in Minnesota or Wisconsin but live elsewhere, don’t navigate the process alone. Contact Fay & Associates today at (612) 888-8354 for a free consultation and learn how we can help you recover compensation—no matter where you call home.
