If you get into a car accident in Texas and discover that the other driver is from out of state, this could complicate the insurance claims process. You may need to hire a car accident attorney in San Antonio to help you file a claim and negotiate for fair financial compensation from the out-of-state driver’s insurance provider.
What to Do After a Car Accident With an Out-of-State Driver
If you get into a car accident with an out-of-state driver, report it to the police. Call 911 and explain that you’ve been in a motor vehicle collision. Do not admit fault. Get the driver’s full name, contact information, vehicle details and car insurance information. Go to the nearest emergency room or hospital immediately for medical care. Document the accident by taking pictures, if you can.
Contact your own car insurance company to report the crash, ideally within the first day or two. Then, call the out-of-state driver’s insurance provider to file a claim. The other driver’s insurance company must abide by Texas’s minimum coverage laws, even if the state the driver is from has lower limits. If the insurer is not offering you a fair amount as a settlement, contact a car accident attorney for assistance.
Who Is Liable for an Accident Involving an Out-of-State Driver?
Texas’s liability laws will still apply to a car accident case even if one of the drivers – or both drivers – are not residents of Texas. Any crash that takes place in Texas abides by Texas’s fault laws, regardless of where the drivers are from. However, due to insurance coverage disparities, these cases can encounter complications.
In Texas, an “at-fault law” determines liability for a crash involving an out-of-state driver, since Texas is not a no-fault state. Under this rule, the driver or individual responsible for causing the car accident must pay for the damage caused and the claimant must prove fault. This tort-based rule will apply even if one of the drivers is from a no-fault state, such as Florida or New York.
Fault or liability is determined in a car accident case in Texas after an investigation into who or what caused the crash. In most cases, the driver who violated a traffic law at the time of the accident will be held liable. For example, if one of the drivers was speeding, driving recklessly, driving while drunk or driving distracted, that driver could face liability for the other party’s losses.
What if the Out-of-State Driver Doesn’t Have Enough Insurance?
Texas has relatively high requirements for automobile insurance coverage compared to most other states. In Texas, the minimum amounts of car insurance are at least:
- $30,000 in bodily injury liability coverage per person
- $60,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage
Liability insurance guarantees that a motor vehicle driver has at least these amounts of money to pay for victims’ medical bills, lost wages and property repairs. If the driver at fault for your car accident is from a different state with lower required amounts of coverage, this could make it more difficult to secure the financial compensation you need.
Texas Transportation Code § 601.051 states that “a person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle.” This can be achieved through automobile insurance, a deposit or a surety bond. Under this law, even if a driver is from out of state, he or she is legally required to be able to cover your damages up to the minimum requirements in Texas. Contact a personal injury attorney in San Antonio for assistance accessing this coverage.