Can You File a Claim If the At-Fault Driver Is From Another Country?

Crashes in Tempe often involve drivers from all over the world—students attending Arizona State University, tourists visiting local attractions, or temporary workers in the area. If you’re injured in a collision caused by someone who isn’t a U.S. resident, you might wonder if you can still pursue compensation. In many cases, you can, and an experienced accident lawyer can help you navigate the unique challenges these cases present.

Why These Accidents Are More Complicated

When the at-fault driver is from another country, several issues can arise that make the claim process more complex than a typical local crash.

1. Insurance Complications

If the driver has valid U.S. auto insurance, your claim process may be relatively straightforward. However, if they are uninsured or underinsured, you might need to rely on your own uninsured driver accident coverage to seek compensation.

2. Jurisdiction Issues

In most cases, the accident will be handled under Arizona law because that’s where it happened. This means filing the claim locally, even if the driver returns to their home country shortly after the crash.

3. Communication Barriers

Language differences and time zone issues can delay the claims process. Insurance adjusters may need translators, and getting documents signed can take extra effort.

What Happens if the Driver Leaves the U.S.?

If the at-fault driver returns home, the claim can still move forward through their insurance company, as long as they had valid coverage at the time of the accident. However, if they leave without resolving the claim and are uninsured, recovering damages may require tapping into your own coverage, such as UM/UIM benefits.

In severe cases, such as a hit-and-run accident, law enforcement may be involved in tracking the driver down, but international cooperation can be limited.

Special Considerations for International Drivers in Rental Cars

Tempe’s proximity to major airports means many international drivers are behind the wheel of rental cars. These situations may involve multiple layers of insurance—coverage from the rental company, the driver’s personal travel insurance, and any credit card benefits they used for booking. Sorting out which policy applies can take time and careful documentation.

Evidence Becomes Even More Important

When the at-fault driver is from another country, preserving evidence is crucial. You should:

• Take photos of the scene, vehicles, and any visible injuries.

• Collect the driver’s full contact information, passport details, and driver’s license number.

• Get their insurance policy number and company name.

• Gather witness statements while still at the scene.

If your accident happens in busy areas like Downtown Tempe or near the ASU campus, there may be surveillance footage available that can strengthen your case.

How Comparative Fault Works

Arizona follows a comparative fault system, meaning your compensation can be reduced if you’re found partially responsible for the crash. For example, if you were speeding when an international driver made an improper left turn, your payout could be reduced proportionally. Understanding this rule is key when negotiating with insurers.

Potential Delays in Resolution

International claims may take longer to settle due to additional verification steps. Insurers may need to confirm the driver’s identity, coverage validity, and in some cases, immigration status. If litigation becomes necessary, serving legal documents across borders adds complexity.

When Injuries Are Serious

Collisions involving international drivers can still result in catastrophic injuries, such as spinal cord damage or traumatic brain injuries. In these situations, medical expenses and lost income may be extensive, and you’ll want to ensure every potential source of compensation is pursued.

Conclusion

While filing a claim against an at-fault driver from another country can be more complicated than a typical Tempe accident, Arizona law still provides a pathway to seek damages. The key is acting quickly, preserving evidence, and understanding how insurance coverage applies. With the right strategy, you can navigate these unique challenges and work toward fair compensation.