Posted in Car Accident on June 30, 2025
Every state has unique car accident and insurance laws. If you get involved in a collision with an out-of-state driver in Texas, you and the other driver may have different ideas of how to proceed with a claim. The way the law works, however, is that the legislation in the state where the car accident occurs rules over the case.
Who Pays for an Accident Involving an Out-of-State Driver in Texas?
The majority of states, including Texas, use “at-fault” or “fault-based” laws to determine who is liable, or financially responsible, for automobile accidents. Some states, however, use no-fault laws. Since Texas is a fault state, any car accident that takes place within state lines will abide by this car insurance system. Even if the other driver involved in your crash is from a state that uses a different system, the tort-based law in Texas will determine liability. This means you will have the right to file a claim with the other driver’s car insurance company if you were not at fault for the collision. Just like an accident between two Texas drivers, you will have to prove that the other driver is at fault using evidence to qualify for damages from his or her out-of-state insurance provider. You may need assistance from a San Antonio car accident lawyer to prove fault.
Do Insurance Coverage Amounts Change?
Another difference between a motorist in Texas and someone from out of state may be in the amount of liability insurance each driver has. The mandatory amounts of liability insurance in Texas (30/60/25) may be more than what an out-of-state driver carries. Insurance companies have protocols in place for this situation. A car insurance company that receives a claim from a driver in Texas must automatically adjust its client’s policy to meet Texas’s liability insurance requirements. This law provides you with at least $30,000 for one person in bodily injury insurance, $60,000 for two or more persons, and $25,000 in property damage insurance to cover your losses. If the state the at-fault driver is from requires more than Texas’s minimums, the other driver’s policy won’t decrease. It will remain at the maximum coverage rate for that driver’s state, potentially giving you more insurance for your injuries and losses than a Texas driver’s policy. Drivers in Alaska, for example, must carry at least 50/100/25 coverage.
What if the Case Goes to Court? Where Will the Trial Take Place?
The vast majority of car accident cases in Texas are resolved via settlements. In the unlikely event that your claim has to go to court, the lawsuit will be filed in Texas. Texas will have jurisdiction over the case as the location where the crash occurred. The courthouse will likely be in the county where the car accident took place or where you live (as the plaintiff).
Steps to Take After a Crash With an Out-of-State Driver
If you get injured or suffer property damage in a car accident with a driver who is not from Texas, most of the steps you should take are the same as if the crash involved a fellow Texan. However, you may encounter some complications that require legal counsel. Here’s what to do:
- Pull over and check for injuries.
- Get medical care for any injuries without delay.
- Call 911 to report the crash to local authorities.
- Write down your police report number.
- Exchange contact and insurance information with the out-of-state driver.
- Do not admit fault.
- Take pictures at the crash scene.
- Notify your car insurance company.
- Let your insurer know that the at-fault driver is from a different state.
- Consult with a San Antonio personal injury attorney if you have questions or concerns.
Your car insurance company can handle the claims process with the out-of-state driver’s insurer for you. If the other driver refutes fault or your claim gets denied, contact a personal injury lawyer in your city for assistance. A local attorney in Texas can represent you and deal with out-of-state parties on your behalf.