If you get hit by an out-of-state driver, most people panic about two things:

1. “Which insurance rules apply?”
2. “Do I have to sue in their state?”

The good news is that these situations are usually simpler than people think.

Here’s what actually matters.

If the crash happened in Delaware or Pennsylvania , you can pursue your claim in that state even if the other driver is from:

• New Jersey
• Maryland
• New York
• Virginia
• Or anywhere else

Where someone lives doesn’t control where the claim goes. Where the crash happened does.

Out-of-state drivers still carry insurance, and their policy still follows them across state lines.

That means:

• You still get their liability coverage
• You can still bring a bodily injury claim
• You still work with their insurance company just like you would with a local driver

Different states have different minimums, so the coverage amounts might look unfamiliar, but the process doesn’t change.

If the case settles, you never need to worry about court at all.

But if a lawsuit becomes necessary, the rules are straightforward:

• If the crash happened in Delaware , you generally sue in Delaware
• If the crash happened in Pennsylvania , you generally sue in Pennsylvania

There are rare exceptions. For example, if the other driver has strong ties to your home state. But for most cases, you file where the crash occurred.

You almost never have to chase someone back to their home state to pursue your claim.

This part depends on which state you insure your car in:

• Delaware drivers : Your own PIP covers your medical bills and lost wages, no matter where the other driver is from.
• Pennsylvania drivers : Same idea: your own PIP pays first because PA is also a no-fault state.

The other driver’s state doesn’t control your PIP benefits.

Most people assume these claims are a mess. In reality, the main differences are practical:

• The other driver may not be familiar with DE/PA traffic laws
• Their insurance carrier may unfamiliar with how DE/PA handle things like PIP
• Communication can take a little longer

But legally? A crash with an out-of-state driver works almost exactly like a crash with a local driver.

If you’re hit by someone from another state, don’t overthink it. The claim still runs through their insurance, and the lawsuit (if needed) still happens here, not wherever they live.

If you’re unsure how your situation fits the rules, talk to a lawyer before assuming you’re stuck navigating another state’s legal system.