Not all car accidents in Texas involve Texas drivers. It’s quite possible to get into an accident with an out-of-state driver, especially if they’re unfamiliar with local roads and traffic conditions. If this happens, it’s easy to worry how you’ll get compensation – especially if their home state has different car insurance rules than Texas.
Hiring an experienced Round Rock accident attorney can help you navigate challenges that might arise after a crash with an out-of-state driver.
How Do Differences in Car Insurance Regulations Affect Car Accidents in Texas?
Different states follow different rules for car insurance. Insurance falls into one of two categories: fault or no-fault. Texas follows a fault, or tort, system where the at-fault driver’s insurance company is responsible for damages. As the victim, you file a claim with the at-fault driver’s insurer for benefits.
This remains true, even if you get into an accident with an out-of-state driver who has no fault coverage, like one from Kansas or Utah. Since the car accident occurred in Texas, Texas law applies. A car accident lawyer can explain how these jurisdictional rules work in your favor when dealing with out-of-state insurance companies.
What If the Out-of-State Driver’s Car Insurance Benefits Are Different?
Texas requires drivers to carry 30/60/25 coverage – $30,000 per person and $60,000 per accident in bodily injury and $25,000 per accident for property damage. Other states have different minimum requirements. Some limits are higher, some are lower.
When you get into an accident, and the out-of-state driver’s insurance benefits are less than Texas requires, you don’t have to worry. The out-of-state driver’s insurance company has to adjust its benefits to match what you’d get if the accident involved a Texas driver.
For example, Oklahoma’s minimum insurance requirements are $25,000 and $50,000 in bodily injury. If you’re involved with an Oklahoma driver while you’re in Texas, their insurance company will cover up to $30,000 per person or $60,000 per accident in bodily injury.
When you get into an accident, and the out-of-state driver’s insurance benefits are greater than Texas requires, this works in your favor. You’ll be eligible for benefits up to the driver’s policy limits. An experienced Round Rock accident attorney can ensure the out-of-state insurer complies with Texas law and pays the full amount you’re entitled to receive.
Will My Out-of-State Car Accident Claim Go to Trial?
While it’s unlikely that your car accident case will go to trial, it could. Texas would have jurisdiction since the car accident happened within its borders.
If your car accident case wasn’t resolved with a settlement, it could go to court in the county where the crash occurred. The out-of-state driver would have the burden of coming back to Williamson County or Travis County to defend against your car accident lawsuit. A skilled car accident lawyer in Round Rock can handle all aspects of litigation if your case proceeds to trial.
Any car accident can create a nightmare situation, but one involving a non-Texas driver can add to the headache you experience. Fortunately, it’s not something you have to navigate or figure out alone. Call our personal injury attorneys at Dow Law Firm so they can provide the experienced, resourceful legal representation you need to get the compensation you deserve.
We offer a free consultation, so contact our Round Rock car accident lawyers at (512) 240-9951 for assistance today.