Accidents Involving Out-of-State Drivers in Texas

Accidents with out-of-state drivers are not uncommon in Texas, a state that sees millions of tourists and visitors each year. As the victim, it may seem more challenging to seek financial compensation for the losses the other party caused you. It can be, but having some insight into how to handle accidents involving out-of-state drivers in Texas can help you navigate the outcome more effectively. Speak with a lawyer about your crash today.

Seeking Compensation After an Out-of-State Driver Hits You

Victims of a car accident in Texas have the right to pursue compensation for their losses from the at-fault party. That includes drivers who may be from another state. Under Texas law, Texas courts have the authority to exercise personal jurisdiction over non-residents in cases where a person commits a tort within the state. A car crash is an example of a tort action. This means that if you are hurt in Texas by another driver from another state, you still can seek compensation from that party under Texas law.

How Out-of-State Driver Insurance Plays a Role

Most insurance policies cover drivers no matter where they travel across the country. Their insurance is still valid in Texas. The difference in these cases is the amount of insurance coverage required. There is a way around this, though.

Under Texas law, the “broadening clause” requires insurance companies to expand their coverage to meet the state’s minimum liability coverage requirements. That means, even if a driver has the very lowest level of coverage allowable in their state, the insurance company remains responsible for covering losses to Texas’s state minimums, which include:

• $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

You can file a claim for up to the amount of liability insurance listed above, and the at-fault driver’s policy must cover your losses. However, that does not mean the process is straightforward.

Challenges in Out-of-State Insurance Claims

All insurance claims can be complex, but being out of state can mean more complications. The most common concern is difficulty with communication. The insurance company for the at-fault driver may not have a lot of experience with Texas laws. That may mean there is some back-and-forth about what they owe and what their legal rights are. They may also not be familiar with Texas deadlines.

Like all insurance companies, they will take every opportunity they can to minimize the amount of damages paid. Even though you know your rights, they may believe you do not. Insurance companies may try to underpay your claim as a result.

Additionally, concerns about jurisdiction could also be a concern. Insurance companies may argue that the claim should be handled in the other party’s home state. However, that is not required under Texas law. Informing the insurance company about these rules and rights is not always easy. Most will push back because they want to limit the compensation paid.

Schedule a Free Consultation to Explore Your Rights Fully

At The Doan Law Firm, we get results for our clients. If you were involved in an accident with an out-of-state driver, allow our legal team to go to work to build your case. Set up a free consultation with our car accident lawyer to get the process started. There is no risk in working with our team.