Getting into a car accident is jolting enough, but seeing an out-of-state license plate on the other vehicle can add to your confusion and stress. If you've been injured in a car accident caused by an out-of-state driver in Texas, you might be worried about how you'll get the compensation you need to recover. The good news is that clear legal principles guide these situations, and you have rights. Generally, the accident is governed by Texas law, and there are established procedures for holding the responsible driver accountable, no matter where they call home.
Reach out to a Texas car accident lawyer today to understand your rights after a crash with an out-of-state driver and get the legal support you need to pursue full compensation.
Key Takeaways about What to Do After a Car Accident
- When a car accident occurs in Texas, the state's traffic and personal injury laws typically apply, regardless of where the at-fault driver lives.
- Texas operates under an at-fault system, meaning the person who caused the crash is financially responsible for the damages.
- It is possible to file a lawsuit in Texas against a non-resident driver who caused an accident within the state's borders.
- Dealing with an out-of-state insurance company may present unique challenges, making thorough documentation especially important.
- The types of compensation available, such as for medical bills and lost income, are determined by Texas law.
Does Texas Law Apply to My Accident?
One of the first questions that comes to mind after a crash involving a non-resident is, "Whose rules do we follow?" The answer is usually straightforward. The legal principle that typically applies is lex loci delicti, a Latin phrase that simply means the law of the place where the injury happened governs the case. So, if your accident happened on I-35E in Dallas or on a quiet street in Arlington, Texas law will almost certainly apply to your personal injury claim.
This is significant because Texas is an "at-fault" state. This means the driver who is found responsible for causing the collision is also responsible for paying for the damages that result. This is different from "no-fault" states, where each driver's own insurance policy covers their initial losses, regardless of who caused the crash.
What being in an at-fault state means for your claim:
- Proving Fault is Necessary: To recover compensation, you or your attorney will need to show that the other driver was negligent. Negligence is a legal term for when someone fails to act with reasonable care, causing harm to another person.
- Police Reports are Key: The official police report from the Dallas, Fort Worth, or other local police department will be a critical piece of evidence in establishing who was at fault.
- Insurance Follows the Driver: The out-of-state driver's insurance policy is still valid, but their insurance company must handle the claim according to Texas rules and liability standards.
Understanding that Texas law is on your side can provide a sense of stability as you begin the process of recovery.
The Challenge of Dealing with an Out-of-State Insurance Company
While Texas law dictates the rules of the road and liability, you will still be dealing with the other driver's insurance company, which may be headquartered hundreds or thousands of miles away. These companies are familiar with their home state's laws and procedures, not necessarily Texas's. This can sometimes create delays or misunderstandings.
For example, Texas requires all drivers to carry a minimum amount of liability insurance. Under the Texas Transportation Code § 601.072, this includes at least $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident. This is often referred to as 30/60/25 coverage.
The at-fault driver's home state may have lower minimum requirements. However, their policy generally must cover damages up to the limits of their plan, and your own policy's underinsured motorist coverage might apply if their limits are insufficient to cover your losses.
Here are some steps to take when communicating with a non-resident’s insurance provider:
- Provide Only Basic Information: When you first speak with their insurance adjuster, stick to the facts: your name, contact information, and the date and location of the accident.
- Decline a Recorded Statement: You are not required to provide a recorded statement to the other driver's insurance company. Adjusters may use these statements to find inconsistencies or ways to minimize your claim. It is often wise to consult with a lawyer before agreeing to one.
- Document Every Conversation: Keep a log of every call or email. Note the date, time, the name of the person you spoke with, and a summary of the discussion.
Patience and persistence are important, as claims involving out-of-state insurers can sometimes move more slowly than those with local companies.
Where Do I File a Lawsuit Against an Out-of-State Driver?
If the insurance company refuses to offer a fair settlement, you may need to file a lawsuit to pursue the compensation you deserve. This raises another important question: where do you file it? Fortunately, you don't have to travel to the other driver's home state to seek justice.
Texas has laws that address this exact situation. The state's "long-arm statute" allows Texas courts to exercise jurisdiction—the legal authority to hear a case—over non-residents who commit a wrongful act within the state. As detailed in the Texas Civil Practice and Remedies Code, Chapter 17, causing a car accident here is considered a wrongful act that subjects the driver to the jurisdiction of Texas courts.
This means you can typically file your lawsuit right here in the DFW area. The appropriate venue, or location for the lawsuit, is usually the county where the accident occurred. So, if the crash was in Oak Cliff, you would likely file the lawsuit in a Dallas County court.
Filing in Texas offers several advantages:
- Convenience: Your witnesses, the investigating police officers, and your medical providers are all located here.
- Familiarity: Your legal team will be deeply familiar with Texas laws, court procedures, and even the local judges.
- Jury of Your Peers: If your case goes to trial, the jury will be composed of fellow residents of the county, who may better understand the impact of the accident on your life in the community.
While it is sometimes possible to file in the other driver's home state, it is almost always more strategic and practical to handle the case right here where the incident happened.
Gathering Critical Evidence After a Crash with a Non-Resident
Strong evidence is the foundation of any successful personal injury claim, but it’s even more vital when the at-fault party is from another state. Because the driver may not be available for follow-up questions and their insurer may be more skeptical, your documentation needs to be clear, organized, and compelling. Once you have addressed your immediate medical needs, organizing your evidence should be a top priority.
While every accident is unique, a solid file of evidence can make a significant difference. Here is a checklist of evidence to start gathering:
- The Official Police Report: The report contains the officer's initial assessment of fault, driver and insurance information, witness statements, and a diagram of the scene. You can typically request this from the police department that responded to your accident.
- Photos and Videos: Compile all photos and videos you took at the scene. This includes damage to all vehicles, skid marks, traffic signals, and your visible injuries. Pictures of the other driver's license plate, driver's license, and insurance card are also very helpful.
- Witness Information: If anyone saw the accident, their testimony could be invaluable. Make sure you have their name and phone number. A statement from an impartial third party can powerfully support your version of events.
- Medical Records and Bills: Keep a detailed file of every medical visit, from the emergency room to physical therapy. This includes hospital records, bills from doctors, receipts for prescriptions, and any notes from your medical providers about your injuries and prognosis.
- Proof of Lost Income: Obtain a letter from your employer detailing your job title, salary, and the amount of time you missed from work due to your injuries. Keep copies of pay stubs from before and after the accident to show the financial impact.
Having this information well-organized will help streamline the claims process and demonstrate the full extent of your losses to the insurance company.
Understanding Your Potential Compensation in a Texas Car Accident Claim
Under Texas law, if you are injured by a negligent driver, you are entitled to seek compensation for your losses, which are legally referred to as "damages." The goal of a personal injury claim is to make you "whole" again, at least from a financial standpoint. These damages are typically separated into two main categories.
Your potential compensation may include:
- Economic Damages: These are the direct, verifiable financial losses you have suffered because of the accident. They are tangible and have a specific dollar amount attached. Examples include medical expenses (current and future), lost wages, loss of future earning capacity, and the cost of repairing or replacing your vehicle.
- Non-Economic Damages: These damages compensate you for the non-financial, personal hardships caused by the accident. They are more subjective but are just as real. Examples include pain and suffering, physical impairment, disfigurement, and mental or emotional anguish.
An experienced Texas personal injury attorney can help you calculate the full value of your claim, ensuring that both your present and future needs are considered before you accept any settlement offer.
FAQs about Car Accidents by Out-of-State Drivers in Texas
Here are answers to some common questions that arise after being in a collision with a driver from another state.
What if the out-of-state driver has no insurance?
If the at-fault driver is uninsured, you may be able to file a claim through your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it. This is an optional but highly recommended part of your own auto insurance policy that protects you in these exact situations.
How long do I have to file a claim in Texas?
In Texas, the statute of limitations—the deadline for filing a lawsuit—for personal injury cases is generally two years from the date of the accident. It is important to act well before this deadline expires, as gathering evidence and building a case takes time.
What happens if the at-gault driver was in a rental car?
If the driver was in a rental car, the situation can be more complex. The claim may involve the driver's personal insurance, the rental car company's insurance, and any additional coverage the driver purchased. An attorney can help determine which policies may apply.
Does the other driver have to come back to Texas for the lawsuit?
If a lawsuit is filed in Texas, the out-of-state driver will be required to participate in the legal process. This may involve traveling back to Texas for key events like a deposition (out-of-court testimony) or the trial itself.
What if their insurance coverage is lower than my medical bills?
If the at-fault driver's insurance policy limits are not enough to cover all your damages, you may be able to use your own Underinsured Motorist (UIM) coverage to make up the difference. If you do not have UIM coverage, you could potentially pursue a personal lawsuit against the driver for their assets, though this can be a difficult process.
Get the Muscle You Need for Your Fight
Dealing with a car wreck is difficult enough without the added complications of an out-of-state driver and a distant insurance company. You need a dedicated advocate who understands Texas law and is prepared to stand up for your rights. At DFW Injury Lawyers, we are trial lawyers who are personally invested in seeing our clients receive justice. We prepare every case as if it is going to trial, sending a clear message that we will not accept a quick or insufficient settlement.
If you were injured in a collision anywhere in the Dallas-Fort Worth area, from Lancaster to Garland, we are ready to be the muscle in your corner. Let our team handle the legal fight so you can focus on what matters most: your recovery. Contact us today for a free, no-obligation consultation to discuss your case.
Kevin L. Edwards
Founder
Attorney Kevin Edwards is a co-founder of DFW Injury lawyers. Over the last 15 years, Mr. Edwards has dedicated his practice to helping those who have been injured or harmed by the negligence, malfeasance, and/or recklessness of others.
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