Accidents With Out-of-State Vehicles

Texas sees a large number of out-of-state travelers and tourists on a daily basis, making the odds of an accident with someone who does not reside in Texas relatively high. If you get injured in a car accident and exchange information with the other driver only to realize that he or she is from out of state, this may affect the insurance process.

Getting into a car accident with an out-of-state driver can complicate your claim. If you get into this situation, you may need a car accident attorney to assist you in pursuing fair compensation.

Which Laws Will Preside Over Your Case?

First, understand which car accident laws will apply to a case involving an out-of-state driver in Texas. This is important, as different states can have widely different car accident, negligence and fault laws. No matter what state the nonlocal driver is from, if the car accident occurs within the boundaries of Texas, the laws of Texas will preside over the case. Texas has jurisdiction over all car accidents that take place within state lines.

Texas is a fault-based car accident state. This is the opposite of a no-fault state. After a car accident in Texas, you will seek financial recovery from the person or party responsible for causing the car accident. The person at fault for the collision will have to pay damages, or financial compensation for victims’ injuries and property repairs. In a no-fault state, victims seek compensation from their own insurance companies, regardless of fault.

What If the Other Driver Does Not Have Enough Insurance?

Once you have established that the other driver is at fault for causing your car accident, you will file a claim with that driver’s insurance company. In Texas, every driver must carry a minimum of at least $30,000 in bodily injury coverage per person, $60,000 in coverage per accident and $25,000 in property damage liability.

If you get into a car accident with an out-of-state driver, he or she may not have the same minimum insurance requirements in his or her home state as in Texas. However, this will not matter when it comes to seeking coverage for your losses. Once a driver crosses the Texas state line, Texas’ minimums override the other state’s insurance minimums. If the driver traveled from a state with lower insurance requirements, therefore, the insurance would automatically increase to meet Texas’ liability requirements.

What If the Other Driver Goes Back Home?

It will not affect your case if the other driver returns to his or her home state after your car accident. You will still have the same ability to pursue financial compensation through a fault-based insurance claim. The at-fault driver’s insurance company will review your case, conduct an investigation, and either accept or deny benefits. If the insurance company accepts your claim, expect a settlement check mailed to you within a few weeks.

Where Would You File a Personal Injury Lawsuit?

If the insurance company denies your claim or will not offer as much as you deserve, you may need to hire a car accident attorney to help you pursue a fair outcome in court. Should your car accident case with an out-of-state vehicle end up in court, you can file your lawsuit in Texas (where the car accident occurred) or in the state where the at-fault driver lives.

If you file in Texas, it will be the other driver’s responsibility to travel to Texas if he or she is needed during a court hearing. A lawyer can help you track down an out-of-state driver who tries to flee his or her financial responsibilities. Do not try to take on a car accident lawsuit by yourself – especially if your case involves a complication such as an out-of-state vehicle. Hire an experienced attorney to represent you for the best possible case outcome.