Got hit by a car while walking — out-of-state visitor, flying home in 48 hrs. What do I do?

I went through something similar — got hurt on a trip and had to fly home before I felt like I had everything sorted. Honestly the most important thing I did before leaving was writing down EVERYTHING while it was fresh. Like a full narrative — what time, what direction you were walking, what the weather was, what the driver said to you at the scene, all of it. You'll be surprised how fast details blur, especially with the stress and the pain meds.

Before your flight: (1) request the police report in writing or online if the department allows it — most do now, check their website tonight. (2) Photograph every bruise and injury again tomorrow morning, lighting is better and swelling often looks worse by day 2. (3) Get the rental company name and location off any paperwork you have from the scene. Don't call anyone's insurance yet until you know what you're dealing with.

On the rental car question — this gets a little layered. The rental company may have liability coverage but there's a federal law called the Graves Amendment that generally shields rental companies from liability for the driver's negligence, so the focus usually shifts to the driver's own personal auto policy. That said, if the driver had no insurance or minimal coverage, there may be other angles. This is really a situation where getting an attorney involved early matters, because sorting out which policies apply is exactly the kind of thing that trips people up. Most PI attorneys do free consults and work on contingency so there's no upfront cost to at least talk to one.

Please do NOT call the at-fault driver's insurance and give a recorded statement before you have legal advice. They will absolutely use it against you. Adjusters are trained to ask questions that sound friendly and routine but are designed to get you to minimize your injuries or accept partial fault. You're still in the acute phase — you don't even fully know the extent of your injuries yet.

Speaking from experience on the other side of the desk: if the other driver's insurer reaches out to you first, be polite but say nothing more than confirming the accident happened and that you'll be in touch. Don't discuss fault, don't discuss how you're feeling, don't say 'I'm okay' even casually. That 'I'm okay' gets noted. Also, document your rental car situation thoroughly — the coverage question is legitimate and it matters which policy is primary.

Please follow up on that possible fracture as soon as you're home — don't wait for pain to get worse before you see the orthopedic specialist. Hairline fractures can become serious if they're not properly immobilized early. Also keep a log of your symptoms: sleep disruption, pain levels, anything you can't do that you normally could. That documentation matters medically AND for any claim down the road.

Not legal advice, but generally speaking — the accident happened in that state, so that state's laws govern the claim. That doesn't necessarily mean you need a local attorney physically present; many PI lawyers handle out-of-state accidents regularly and work with local co-counsel if needed. The more important thing is finding someone experienced in multi-state personal injury situations sooner rather than later, since statutes of limitations vary and you don't want to accidentally let time run.

I just want to say — take a breath. You're dealing with a lot right now and it makes sense that you're overwhelmed. You're asking the right questions and you clearly haven't dropped the ball. Hopefully your cousin can help you gather anything last-minute before you head to the airport. Hope your wrist heals up fast. 💙