How to File a Claim for Car Accidents Involving Out-of-State Drivers
Car accidents are stressful experiences, but when the person who hit you is from another state, it adds a new layer of complexity to the claims process. Whether you were injured by a tourist, a business traveler, or someone just passing through Texas, understanding your legal options and how to proceed is crucial.
This article includes everything you need to know about filing an out-of-state driver-car accident claim. We’ve covered you by jurisdiction and applicable laws when filing insurance claims and potential lawsuits.
Table of Contents:
- What Happens When You’re in an Accident with an Out-of-State Driver?
- Which State’s Laws Apply in an Out-of-State Driver Car Accident Claim?
- Where Do You File an Insurance Claim?
- Can You File a Lawsuit Against an Out-of-State Driver?
- Why Should You Hire a Lawyer for an Out-of-State Driver Car Accident Claim?
- Common Challenges in Out-of-State Driver Claims
- What to Do Immediately After the Accident
- Damages You Can Recover in an Out-of-State Driver Car Accident Claim
- How Insurance Coverage Works Across State Lines
- How Long Does It Take to Resolve an Out-of-State Driver Car Accident Claim?
- Tips to Maximize Your Compensation
- Call To Action
1. What Happens When You’re in an Accident with an Out-of-State Driver?
The initial steps following an accident involving an out-of-state driver are much the same as with any car accident. Safety comes first:
- Check for injuries
- Call 911 and report the accident
- Exchange contact and insurance information
- Take photos of the scene, vehicles, and injuries
However, complications arise afterward. Once the dust settles, you must determine how to pursue an out-of-state driver-car accident claim. This involves contacting insurance companies, determining who was at fault, and deciding if legal action is necessary.
Most car insurance policies provide nationwide coverage. This means an out-of-state driver is still insured while driving in Texas. However, the insurer may be less cooperative when handling claims in a different state.
2. Which State’s Laws Apply in an Out-of-State Driver Car Accident Claim?
Key Differences Between State Laws:
- Fault laws: Texas is an at-fault state, meaning the party who caused the accident pays for the damages.
- Damage caps: Texas has certain limitations on damages, especially for non-economic losses.
- Statute of limitations: In Texas, you have two years from the accident date to file a personal injury lawsuit.
3. Where Do You File an Insurance Claim?
Filing a claim in an out-of-state accident can be confusing. You can generally pursue compensation in one of two ways:
First-Party Claim:
You file a claim with your own insurance company, typically if:
- The other driver is uninsured or underinsured
- You’re using your collision coverage to pay for vehicle repairs
Third-Party Claim:
You file a claim against the at-fault driver’s insurance company. This is usually your first course of action in an at-fault state like Texas.
What You Need to Provide:
- Accident report
- Photographs of the scene and damage
- Medical records and bills
- Proof of lost wages
4. Can You File a Lawsuit Against an Out-of-State Driver?
Texas courts can exercise jurisdiction over out-of-state drivers involved in accidents on Texas roads. The process involves:
- Filing the lawsuit in the appropriate Texas county
- Serving the defendant in their home state
- Preparing for the possibility that the defendant won’t appear, which can sometimes lead to a default judgment
5. Why Should You Hire a Lawyer for an Out-of-State Driver Car Accident Claim?
While it’s possible to file a claim independently, handling an out-of-state driver case without legal representation can lead to complications.
Benefits of Hiring Roxell Richards Injury Law Firm:
- Local legal expertise: We know Texas law and how to apply it.
- Dealing with insurance companies: We pressure insurers to pay what you deserve.
- Litigation experience: If your case goes to court, we handle every step.
- Evidence gathering: We collect and preserve all necessary documentation.
6. Common Challenges in Out-of-State Driver Claims
When dealing with an out-of-state driver-car accident claim, you may face several hurdles:
- Communication delays: Different time zones and regional offices can slow responses.
- Jurisdictional issues: Serving legal papers across state lines can be tricky.
- Insurance coverage confusion: Some insurers may dispute their obligation under Texas law.
- Different minimum coverage requirements: Some states require less coverage than Texas, which can affect how much you receive.
7. What to Do Immediately After the Accident
- Call Police: Get an official accident report.
- Seek Medical Care: Even if you feel fine, injuries can appear later.
- Exchange Information: Get the other driver’s license, license plate, and insurance card.
- Take Photos and Video: Include the road, damages, and injuries.
- Talk to Witnesses: Get contact info from any bystanders.
- Notify Your Insurance: Avoid making detailed recorded statements until you speak with a lawyer.
8. Damages You Can Recover in an Out-of-State Driver Car Accident Claim
If the out-of-state driver was at fault, you may be entitled to significant compensation:
Economic Damages:
- Medical bills
- Lost wages
- Future medical care
- Property damage
Non-Economic Damages:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Punitive Damages:
Punitive damages may be awarded if the driver is grossly negligent, such as drunk driving cases.
9. How Insurance Coverage Works Across State Lines
Every state requires drivers to carry minimum insurance, but those amounts vary. Fortunately, when a driver from another state operates their vehicle in Texas, their insurer usually “adjusts up” to meet Texas requirements.
For example:
- If someone from Louisiana (with lower liability limits) hits you in Texas, their insurer typically must meet the Texas minimum of $30,000 per injured person and $60,000 per accident.
10. How Long Does Resolve an Out-of-State Driver Car Accident Claim Take?
The timeline varies depending on the complexity of the accident, the injuries involved, and whether litigation is necessary. Here’s a general breakdown:
- Minor accident, apparent fault: 3–6 months
- Moderate injuries, dispute over fault: 6–12 months
- Severe injuries, litigation required: 1–2 years
11. Tips to Maximize Your Compensation
- Get medical treatment immediately and follow all aftercare instructions.
- Keep detailed records of all expenses, diagnoses, and missed work.
- Don’t speak with the other driver’s insurer until you talk to a lawyer.
- Stay off social media. What you post can be used against you.
- Work with an experienced injury attorney who knows how to fight for full compensation.
12. Call To Action
At Roxell Richards Injury Law Firm, we understand how overwhelming it can be to deal with a car accident, especially when the other driver is from another state. We specialize in handling out-of-state driver-car accident claims and know the strategies needed to win your case.
Whether you need help gathering evidence, negotiating with the insurance company, or taking your case to court, we’re here.
Don’t Wait: Time Is Running Out!
📢 Don’t Get Played, Get Paid!
Roxell Richards Injury Law Firm
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003