Car Accident Claims Involving Out-of-State Drivers

When you’ve been in a crash with an out-of-state driver, the aftermath can be confusing and stressful to deal with. With laws that differ between states, insurance policies, and unfamiliar processes, it’s natural to feel overwhelmed. Knowing your rights and what steps to take in these situations will make it easier to protect your interests and go after the compensation you deserve.

Common Scenarios That Involve Out-of-State Drivers

Accidents with drivers from out of state happen more often than you might think. Texas is a travel hub that sees millions of people come through in various scenarios:

• Tourists: Whether for vacation or business, tourists often don’t know the local roads and traffic rules.
• Commercial Drivers: Interstate commerce brings countless drivers from other states onto Texas highways.
• Drivers Passing Through: Out-of-state drivers traveling through Texas to another destination might not be as attentive as local drivers.

Drivers from other states don’t always know local traffic laws like speed limits, construction zones, or rules about yielding, so they’re more likely to make mistakes. This unfamiliarity with the area means there’s a higher chance of accidents.

Jurisdiction in Out-of-State Driver Crashes

For collisions that involve an out-of-state driver, you first need to figure out who has jurisdiction. Typically, that goes to the state where the accident happened, so Texas courts will likely handle the case as long as the crash happened within state lines.

However, things can sometimes get tricky when you start to factor in these things:

• Insurance Policies: Out-of-state drivers’ insurance may operate under their home state’s laws, which might differ greatly from Texas laws.
• State Regulations: Liability laws and compensation structures can vary from state to state; Texas follows a modified comparative fault system, which may differ from the laws in the driver’s home state.

If the at-fault driver’s insurance company operates primarily out-of-state, they might use certain tactics to delay or reduce your payout. This is why it’s important to act quickly and start collecting evidence immediately after the accident.

Steps to Take After an Accident With an Out-of-State Driver

If you’ve been hit by an out-of-state driver, here’s what you should do to make sure your rights are protected:

• Report the accident to local law enforcement; they’ll write up an official record that can be used as evidence.
• Gather the out-of-state driver’s insurance information, driver’s license details, and contact info.
• Take pictures and videos of the accident scene, damage to vehicles, and any visible injuries; get contact information from witnesses if possible.
• Even if you feel fine, injuries from car accidents aren’t always apparent; prompt medical care establishes a clear record for your claim.
• Contact your insurer about the accident and give them the necessary details.

Additionally, make sure that the police report accurately reflects the circumstances of the accident. If you notice mistakes or anything missing, get them corrected as soon as possible. Accurate documentation will come in handy if there are any disputes with the at-fault driver’s insurer.

Insurance Complications

Insurance is inherently complicated and can become more so when there’s an out-of-state driver involved. Each state has its own minimum coverage requirements. If the at-fault driver is from a state with lower limits, however, most auto insurance policies contain a “broadening clause” or similar provision that increases the coverage up to Texas’ minimum limits. But this may still be insufficient relative to your damages. Uninsured (UM) or underinsured (UIM) motorist coverage can help cover some of your losses if you have it on your policy.

Keep in mind, too, that your insurer will need to communicate with the other driver’s insurer. The process can take a fair bit of time, especially if one side or the other brings up any disputes about who was responsible.

Filing an Accident Claim

When filing an accident claim, out-of-state drivers typically follow the same process as everyone else. However, you may face additional hurdles, such as:

• State-Specific Rules: Texas law applies to accidents within the state, but the other driver’s home state laws might influence how their insurance responds.
• Filing a Lawsuit: If negotiations fall apart and you need to file a lawsuit, Texas courts will generally have jurisdiction as long as the accident occurred here.

Delays and disputes are common with out-of-state insurers. Insurance companies often try to reduce payouts or argue over who caused the crash, and that can make things take even longer. With legal counsel, you’ll be prepared to deal with those challenges.

You deserve peace of mind. Reach out to our team now at (713) 973-8888 or toll-free 1 (800) 444-5000, and let us handle the rest.

What Makes Out-of-State Driver Cases Unique?

Accidents involving drivers from other states often bring complications beyond what you’d typically see in a crash with a local driver. Since every state has its own rules about liability, coverage limits, and deciding fault, the out-of-state driver’s insurance might have terms unfamiliar to residents of Texas.

If the other driver decides to dispute the liability, their insurer might hire a lawyer who’s familiar with the laws in their home state. Regardless, both companies need to coordinate across jurisdictions, and that can add even more delays.

Long-Term Impacts

The effects of a car crash that involves an out-of-state driver can reach well beyond the immediate aftermath. Medical costs, property damage, and lost income can pile up in a hurry, especially if there’s a delay in handling your claim. Injuries might need ongoing care, rehab, and even permanent lifestyle adjustments. Even just the stress of dealing with an accident can take a toll on your mental health, and it can be worse when you’re dealing with additional legal and insurance complications.

Out-of-state accidents are complicated, but with the right legal help, you can protect your rights and your financial future.

Damages You Can Recover

Every accident is different, and some cases may not be able to recover certain damages. However, most cases will typically see payment for:

• Medical Costs: Both current and future
• Lost Wages: For time missed at work during recovery
• Property Damage: Costs to repair or replace your vehicle
• Pain and Suffering: Physical and emotional distress
• Future Earning Capacity: If injuries prevent you from working at the same level as before.

Calculating the damages in an accident with an out-of-state driver needs a thorough understanding of both Texas law and the at-fault driver’s insurance policy. Your attorney will be able to help you with this to make sure your compensation reflects the true cost of your case.

The Importance of Acting Quickly

Texas law has a 2 year statute of limitations for filing most personal injury claims. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.) If you don’t act within this time frame, you may not be able to collect compensation. Beyond the legal deadlines, time-sensitive evidence like photographs, videos, and witness testimony is generally more effective when they’re gathered soon after the incident. Delayed action also gives the at-fault driver’s insurance company more chances to dispute your claim or reduce their payout.

It’s always a good idea to have an attorney in your corner for these types of situations. Your legal counsel brings invaluable knowledge of the laws that apply in Texas, as well as an understanding of how those laws intersect with the insurance rules in the driver’s home state. Without this experience, you could find yourself facing jurisdictional issues, arguments over fault, and lowball settlement offers from insurance adjusters looking to protect their bottom line.

A lawyer also acts as your advocate. They’ll make sure your rights are respected and that no one takes advantage of you. They tackle the legal legwork while you focus on recovering from your injuries and moving forward with your life. With a personal injury attorney on your side, you can go after the full payment you’re entitled to without undue stress or delays.

Secure Your Future After A Crash With An Out-of-State Driver

Dealing with a car accident with an out-of-state driver can be a challenge, but you don’t have to face it alone. The team at Terry Bryant Accident & Injury Law is ready to guide you every step of the way. Let us handle the legal stressors and communication with insurance companies so you can focus on your recovery.

Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential car crash case review, and let us help you get the justice you deserve.