Texas law controls any accident that happens on Texas roads, protecting both residents and visitors with our state’s insurance requirements and legal procedures.
Insurance claims after out-of-state car accidents in Texas work differently depending on whether you’re a Texas resident or a visitor from another state.
How Claims Work if You’re From Another State and Hit in Texas
If you’re visiting Texas from another state and an accident occurs that wasn’t your fault, you file your claim against the at-fault driver’s Texas insurance policy. Texas law governs the entire claims process, regardless of where you live. This means you’re protected by Texas insurance requirements and legal procedures, even though you’re not a resident.
The at-fault driver’s liability insurance serves as the primary source of compensation for your medical bills, lost wages, and vehicle damage. Their insurance company must meet Texas minimum coverage requirements of $30,000 per person for bodily injury, $60,000 per accident, and $25,000 for property damage.
Your own insurance policy back home may also provide additional coverage through several sources:
- Collision coverage: Pays for your vehicle repairs regardless of fault.
- Medical payments coverage: Covers your immediate medical expenses.
- Uninsured/underinsured motorist coverage: Steps in if the at-fault driver has no insurance or insufficient coverage.
You don’t need to be a Texas resident to pursue full compensation under Texas law. The accident happened here, so our courts have complete jurisdiction over your case.
As an experienced auto accident attorney in Lubbock, Texas, I’ve represented many out-of-state visitors injured in Texas accidents, and I handle everything remotely so you can recover at home while I fight for your rights here.
Who Pays When an Out-of-State Driver Causes a Crash in Texas
Texas law controls all accidents that happen within our state borders, regardless of where the drivers are from. This legal authority is called jurisdiction, it means Texas has the power to decide fault and require payment for damages.
The at-fault driver’s insurance must pay for your injuries and property damage, even if they’re from another state.
Multiple insurance policies may be responsible for covering your losses:
- At-fault driver’s liability insurance: Primary coverage that pays first for medical bills and vehicle repairs.
- Rental car coverage: If the driver was in a rental, their rental agreement or credit card may provide additional coverage.
- Commercial insurance: Business vehicles carry separate policies with higher limits than personal cars.
- Your own coverage: Uninsured/Underinsured Motorist (UM/UIM) and Personal Injury Protection (PIP) act as backup when other coverage falls short.
The key is identifying every available policy to maximize your recovery. I investigate all potential sources of compensation using thorough evidence to ensure you receive full payment for your losses.
Do Texas Courts Have Jurisdiction if the Other Driver Lives Elsewhere?
Texas courts have complete legal authority over any accident that occurs here. We use what’s called a long-arm statute, a law that lets us hold non-residents accountable for harm they cause in Texas. You can file your lawsuit in a Texas court, and the other driver can’t escape responsibility by returning to their home state.
Texas law also protects you from states with lower insurance requirements. Any out-of-state insurance company must automatically provide coverage that meets Texas minimum liability limits: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage.
This means even if the other driver comes from a state with lower minimums, their coverage automatically increases to Texas levels when they drive here. You’re protected by our stronger insurance requirements.
Which Insurance Applies After an Out-of-State Crash in Texas?
The order of insurance coverage depends on who caused the accident and what types of vehicles were involved. Multiple policies often apply, creating layers of protection for your recovery.
| Coverage Type | When It Applies | Who Pays |
| Other driver’s liability | They caused the crash | Their insurance company |
| Rental car coverage | Driver was in rental | Rental company or credit card |
| Your UM/UIM | Other driver uninsured/underinsured | Your insurance company |
| Your PIP | Immediate medical bills | Your insurance company |
UM/UIM stands for Uninsured/Underinsured Motorist coverage. This is protection you buy on your own policy that kicks in when the at-fault driver has no insurance or not enough to cover your damages.
PIP means Personal Injury Protection. This coverage pays your medical bills and lost wages immediately, regardless of who caused the crash.
Your own insurance may pay upfront, then seek reimbursement from the at-fault driver’s company. This process is called subrogation, and it ensures you get medical care without waiting for the other insurance company to investigate.
What if the At-Fault Driver Was in a Rental or Commercial Vehicle?
Rental cars and commercial vehicles create complex insurance situations because multiple policies often apply. I’ve handled hundreds of these cases and know how to navigate the coverage maze to protect your interests.
Potential coverage sources include:
- Personal auto insurance: May exclude rental vehicles or have reduced coverage.
- Rental company insurance: Basic liability coverage provided by the rental agency.
- Credit card coverage: Many cards offer rental car insurance as a benefit.
- Commercial insurance: Required for delivery trucks, 18-wheelers, and company vehicles.
- Umbrella policies: Additional liability coverage some drivers carry.
Commercial vehicles like delivery trucks and 18-wheelers must carry much higher insurance limits than personal cars. A skilled attorney understands these complex commercial insurance requirements. While this makes the case more complex, it also means greater potential for full compensation if you’ve been seriously injured.
The insurance companies will try to shift responsibility to each other to avoid paying. At Perrin Law PLLC Injury & Accident Lawyer, my job is to hold all responsible parties accountable and ensure you receive maximum compensation from every available source.
What Steps Should You Take After a Texas Crash with an Out-of-State Driver?
Proper documentation is crucial when the other driver may leave Texas soon. These six steps protect your rights and preserve evidence that could disappear once the driver returns home.
Call 911 and Request a Report
Always call the police, even for minor accidents. The police report serves as an official, neutral record of what happened. This becomes critical evidence if the out-of-state driver later changes their story or disputes the facts.
Get the report number from the responding officer before leaving the scene. You’ll need this to obtain a copy of the report later.
Photograph Everything at the Scene
Use your phone to document the accident before vehicles are moved. Take pictures of vehicle damage, license plates showing the state, skid marks, traffic signs, and any visible injuries.
These photos preserve evidence that can’t be disputed later. They show the impact points, vehicle positions, and road conditions at the time of the crash.
Exchange Complete Information
Don’t just swap phone numbers. Collect comprehensive details:
- Driver information: Full name, permanent home address, driver’s license number and state.
- Insurance details: Company name, policy number, and phone number for claims.
- Vehicle information: Make, model, year, VIN number, and license plate.
- Rental details: Company name, agreement number, and location if applicable.
- Employment information: Company name and vehicle number for commercial drivers.
Get Medical Care Immediately
Seek medical attention even if you feel fine. Some serious injuries don’t show symptoms right away, and delayed treatment gives insurance companies ammunition to deny your claim.
Go to an emergency room or urgent care clinic to create an official medical record linking your injuries to the accident. This documentation becomes crucial evidence in your case.
Avoid Recorded Statements
Never apologize or admit fault at the scene. Out-of-state insurance adjusters may call quickly, hoping you’ll say something that damages your claim.
You have the right to politely decline giving a recorded statement until you speak with an attorney. These statements are designed to get admissions they can use against you later.
Contact a Texas Car Accident Lawyer Early
Out-of-state accident claims involve complex legal procedures and interstate insurance issues. As your attorney, I handle all communications with insurance companies while you focus on recovery.
I know how to serve out-of-state defendants, navigate multi-state insurance laws, and protect your rights when the other driver has left Texas.
How Does Texas Comparative Negligence Affect Your Recovery?
Texas’ modified comparative negligence laws determine how cases are handled when both drivers share some fault. This means you can recover damages only if you’re 50% or less at fault for the accident.
If a jury finds you 51% or more responsible, you’re barred from recovering anything. If you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
Here’s how it works: If you have $100,000 in damages but are found 20% at fault, you’d receive $80,000. If you’re 51% at fault, you get nothing.
Out-of-state insurance companies know this rule and will try to inflate your fault percentage to reduce or eliminate their payment. They’ll argue you were speeding, distracted, or could have avoided the accident to shift blame onto you. If you’re blamed for a car accident that wasn’t your fault, strong evidence becomes crucial to your defense.
This makes fault allocation the most critical battle in your case. Strong evidence of the other driver’s negligence is your best defense against excessive fault assignment.
What is the Deadline to File an Injury Claim in Texas?
The Texas statute of limitations for car accident claims gives you two years from the accident date to file a lawsuit. This deadline is strictly enforced regardless of where the at-fault driver lives.
Miss this deadline and you lose your right to compensation forever, no matter how strong your case is. There are very few exceptions, and you should never count on them applying to your situation.
Some situations may have shorter deadlines:
- Government vehicles: Six months notice requirement before filing suit.
- Hit-and-run accidents: Different deadlines may apply for uninsured motorist claims. An attorney specializing in auto accident law can help navigate these specific requirements.
- Commercial vehicles: Federal regulations may create additional notice requirements.
Evidence disappears and witnesses become harder to find as time passes. The sooner you contact an attorney, the stronger your case will be.
What Makes Out-of-State Texas Crashes More Complicated?
Out-of-state car accidents in Texas involve unique challenges that don’t exist in typical local crashes. I’ve spent decades navigating these specific complications for my clients.
The main challenges include:
- Serving legal papers: We must use special procedures to notify defendants who’ve returned to their home state.
- Unresponsive drivers: Once they leave Texas, some drivers ignore calls and letters.
- Insurance delays: Out-of-state adjusters may be unfamiliar with Texas law or use distance as an excuse for delays.
- Multiple policies: Sorting through rental, personal, and commercial coverage requires careful investigation.
- Witness availability: Tourists and travelers are difficult to locate for statements later.
Texas law provides solutions for these problems. We can serve out-of-state drivers through the Texas Secretary of State, compelling them to respond to lawsuits. I know how to navigate interstate insurance procedures and federal regulations that apply to commercial vehicles.
The complexity shouldn’t discourage you from pursuing your claim. These cases are absolutely winnable with proper legal representation.
What Compensation Can You Recover Under Texas Law?
Out-of-state drivers owe the same damages as Texas residents who cause accidents. Texas law allows recovery for both economic and non-economic losses, with no caps on actual damages in car accident cases.
You can seek compensation for:
- Medical expenses: All treatment costs, from emergency care to future surgeries and rehabilitation.
- Lost wages: Income you’ve missed due to injuries and time off work.
- Future earning capacity: Reduced ability to earn money if injuries cause permanent limitations.
- Property damage: Vehicle repairs, replacement costs, and personal items damaged in the crash.
- Pain and suffering: Physical discomfort, emotional distress, and reduced quality of life.
- Mental anguish: Anxiety, depression, and psychological trauma from the accident.
In rare cases involving extreme recklessness, such as drunk driving, Texas allows punitive damages to punish the wrongdoer. These are designed to deter similar behavior rather than compensate your losses.
I document all your losses thoroughly to overcome out-of-state insurers’ attempts to minimize your claim. The goal is full compensation that addresses both your immediate needs and long-term consequences.
Do You Have to Travel Back to Texas for Your Case?
No, most clients never need to return to Texas for their case. I understand the burden of handling legal matters from a distance, which is why I’ve developed systems to manage everything remotely.
Here’s how I handle out-of-state cases:
- Depositions: Conducted via video conference from your home state.
- Document signing: Electronic signatures for all paperwork.
- Settlement negotiations: Handled entirely by phone and email.
- Medical coordination: I work with your local doctors for treatment records.
If your case goes to trial, you would need to appear in person. I prepare every case thoroughly so insurance companies take your claim seriously and I’m prepared to take your case to a Texas jury if necessary.
My approach eliminates the stress and expense of traveling while ensuring you receive the same quality representation as local clients.
What if the Out-of-State Driver Has No Insurance or Insufficient Coverage?
Uninsured and underinsured drivers are unfortunately common, especially among out-of-state visitors who may have minimal coverage from their home state. An attorney can help you navigate these challenging situations.
Your UM/UIM coverage steps in when the at-fault driver can’t pay for your damages. This coverage pays the difference between what the other driver’s insurance covers and your actual losses.
For example, if you have $50,000 in damages but the other driver only has $25,000 in coverage, your UM/UIM would pay the remaining $25,000 (up to your policy limits).
Some drivers mistakenly think using their own insurance will raise their rates. Texas law prohibits insurance companies from increasing your premiums solely for filing UM/UIM or PIP claims when you weren’t at fault.
If you don’t have UM/UIM coverage, your options become more limited. You could still pursue the at-fault driver personally, but collecting money from someone without insurance is often difficult.
Experienced Texas Auto Accident Law Firm
Being injured far from home creates overwhelming stress on top of physical pain and financial pressure. For over 20 years, I’ve helped people in your exact situation navigate the complex legal system while recovering from their injuries.
You shouldn’t have to handle insurance companies, legal deadlines, and interstate procedures while dealing with medical treatment. That’s my job. I take on the legal burden so you can focus on healing.
My approach is straightforward: I prepare every case for trial, which means insurance companies take your claim seriously from day one. You get my personal attention, not a paralegal or case manager.
Because I work on a contingency fee basis, you pay nothing unless I win your case. This means I only succeed when you succeed, and I’m invested in getting you the best possible outcome.
Out-of-State Car Accident FAQs
Do I Have to Travel Back to Texas for Depositions or Court Hearings?
Most depositions can be conducted via video conference from your home state. If your case goes to trial, you must appear in person, although that happens in less than 5% of cases.
How Do You Serve Legal Papers on a Driver Who Has Left Texas?
Texas law allows service through the Secretary of State for drivers who cause accidents here. This legal process ensures they can’t escape responsibility by leaving the state.
Will My Insurance Rates Increase if I File a UM/UIM Claim?
No, Texas law prohibits insurance companies from raising your rates solely for filing UM/UIM or PIP claims when you weren’t at fault for the accident.
What if the Rental Car Company Claims They’re Not Responsible?
Rental companies often try to shift responsibility to the driver’s personal insurance. I investigate all coverage sources and hold every responsible party accountable for your damages.
How Long Do Out-of-State Car Accident Cases Take to Resolve?
While many claims resolve without going to trial, cases involving serious injuries or multiple insurance companies often take longer to conclude. I keep you informed throughout the process and push for resolution as quickly as possible.
Don’t let an out-of-state car accident in Texas leave you struggling with medical bills and lost wages. Contact me today for a free consultation to discuss your case and learn about your options for recovery.