President Biden approved a Presidential Major Disaster Declaration to support response efforts to the Palisades, Eaton and Hurst wildfires burning in the Los Angeles area on Jan. 9, 2025.
The presidential declaration provides federal funding to assist state, tribal and local governments with emergency response costs. It also offers Individual Assistance programs for affected individuals and businesses, including temporary housing support and financial aid for damaged or destroyed property.
- A state of emergency (SOE) can be declared on a state or federal level. It is also possible for cities and even counties to declare a state of emergency.
- Travel bans and closures are not automatic with a state of emergency declaration but they can be part of it and violating SOE restrictions can have legal penalties.
- In most situations, your car insurance should cover an accident even if you are driving during a state of emergency.
- Insurers won’t cover intentional damage or if the owner damages their own vehicle.
What is a state of emergency?
A state of emergency declaration can have many causes and is declared to augment local resources during a public health emergency. Typically, this is due to severe storms or natural disasters, but it can also be due to other events.
When federal or local officials declare a state of emergency they are better able to provide resources such as food, water and shelter to those impacted. It can also mean the government will have medical supplies and medications more readily available to the general public, as happened with tests and vaccines during the pandemic. Declaring a state of emergency can also help state governments get federally reimbursed for expenditures.
While many state of emergency declarations are made at the state level, the president can declare a nationwide state of emergency. States of emergency also can be implemented on the state level by a governor, or in some states, on the city or county level as declared by those municipal officials. Each state has its own laws that govern what is defined as an emergency.
A state of emergency does not necessarily mean a travel ban, though one may be put in place if safety officials deem it necessary.
What are the rules of your state?
State laws vary on what is required of motorists during a state of emergency (SOE). Some states request you not to drive in certain circumstances, while others order it.
For instance, Massachusetts says that if the governor declares an SOE, a request for drivers to stay off the roadways, employers to release employees, and other such actions to promote public safety may be issued. Travel bans and closures are not automatically deployed with a state of emergency declaration.
In other states, there are emergency classifications beyond an SOE, such as snow emergencies.
For example, when the governor declares a state of emergency in Delaware, the state limits the use or operation of vehicles on the roads using the state’s three-level driver warning and restriction system. If drivers fail to comply, they may be penalized. This system includes:
- Level 1 driving warning: Drivers are discouraged to drive, and must exercise extra caution in the operation of motor vehicles.
- Level 2 driving restriction: Roadway use is restricted to certain drivers, such as emergency workers.
- Level 3 driving ban: Complete ban on driving except for essential vehicles, such as first responders, snow removal, and utility personnel.
Car insurance covers accidents during a state of emergency
Drivers who drive during bad weather or a public health crisis are still covered by most car insurance policies. Thus, claims resulting from an accident during a state of emergency would usually be paid, up to the policy’s limits, by your auto insurer.
If you have an accident during a severe weather restriction, your liability coverage should take care of others’ injuries or property that you damaged, up to your limits. Collision insurance coverage would take care of your vehicle if you collided with another car or object or rolled your vehicle.
What your car insurance coverages won’t cover is intentional damage or if you were driving against the restrictions or exclusions of your policy.
For instance, if your policy excludes off-roading and you decide to go off-roading in the snow and roll your vehicle or hit a hidden tree stump, your collision coverage may not come to your rescue.
Car insurance doesn’t provide coverage for intentional damage
Car insurance providers also won’t cover damage if a driver intentionally causes an accident or damages their vehicle.
If your state has closed roads, warned drivers about driving or announced driving restrictions, stay home if possible. Driving in severe weather can impede emergency workers and snowplows that must be out on the roadways.
People also ask
Can states close roads or restrict driving during a state of emergency? If so, would your car insurance pay if you were to drive and be in an accident?
Yes, states can restrict the use of roads during a state of emergency and ticket you for being out on closed roadways. Car insurance covers accidents due to drivers’ negligence or mistakes, whether it’s crashing during a snowstorm, other severe weather, or under some other type of public health emergency.
Resources & Methodology
Sources
- Mass.gov. “State of Emergency Information.” Accessed August 2024.
- State of Delaware. “1101 Regulations Governing Travel Restrictions During A State Of Emergency.” Accessed August 2024.
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