Dallas is a vibrant city, bringing tourists from out of state to enjoy some of the best food, attractions, and nightlife Texas has to offer. Unfortunately, those tourists aren’t familiar with our busy roads and often cause collisions with Dallas residents.
Accidents involving out-of-state drivers can add extra stress and confusion to an already difficult situation. Whether you were navigating traffic downtown on Main Street or merging onto the LBJ Freeway, understanding your rights and responsibilities after a collision with a driver from out of state is key.
Fortunately, Texas laws protect local drivers, even when the other party is from another state. However, filing insurance claims and handling non-Texas insurance companies can be overwhelming. An experienced car accident attorney can help you navigate the claims process and pursue the compensation you deserve.
Immediate Steps to Take After the Accident
After an accident, protecting your health and your rights is crucial. Here’s what to do immediately after a crash:
- Call for help. If possible, move your vehicle to the side of the road. Then, call 911 for help. Report any severe injuries.
- Exchange information. If you and the other driver are physically able, exchange contact information. You’ll need their name, address, insurance details, and vehicle registration from the out-of-state driver. Avoid saying anything that sounds like you’re admitting fault.
- Document the scene. Next, take photos and videos of the scene. Capture the damage, road and weather conditions, and vehicle license plates. If you or your passengers are visibly hurt, get pictures of the injuries.
- Seek medical attention. Even if you feel fine, visit an emergency room or urgent care center. Some injuries can take days or weeks to appear. If you don’t get checked out right away, insurance companies and defense attorneys may use that against you.
- Notify your insurance company. Let your insurer know about the crash. Keep your statements brief and factual. Do not accept a settlement offer before talking to an attorney.
- Call a Texas car accident attorney. A skilled attorney can investigate your claim, calculate your losses, and negotiate for full and fair compensation – especially when dealing with an out-of-state driver and their insurance company.
Texas Laws Apply, Even for Out-of-State Drivers
Collisions involving out-of-state drivers can add another layer of confusion. The most important thing to know is that Texas laws apply to all car wrecks that happen within the state.
Auto Liability Insurance
Unlike some states, the driver at fault for a car accident in Texas is responsible for paying for the victim’s losses. Texas has minimum insurance requirements for all drivers. You must have at least:
- $30,000 for each injured person
- $60,000 for injuries per accident
- $25,000 for property damage per accident
This basic liability coverage is called 30/60/25. Generally, as long as a driver’s out-of-state policy covers their state’s minimum insurance requirements, the policy will cover you up to the minimum policy limits in Texas.
Comparative Negligence
Texas follows a modified comparative fault rule. If your actions contributed to the collision, you and the other driver will be assigned a percentage of fault. Your compensation will be reduced by your percentage of fault. As long as you were 50 percent or less responsible for the crash, you can still seek compensation for your injuries.
Hiring an experienced Dallas car accident attorney is the key to holding an out-of-state, at-fault driver accountable.
Insurance Issues with Out-of-State Drivers
There are two main issues with out-of-state drivers: whether their insurance company will cover the accident and dealing with non-Texas insurance companies.
Insurance Coverage
Auto insurance policies are usually valid across state lines, but they may vary in coverage limits and procedures. If the other driver’s policy covers their state’s insurance minimums, that coverage will usually adjust to cover Texas minimums. It’s important to verify the other driver’s policy and file your car accident claim as soon as possible.
If the other driver is underinsured or uninsured, that can make recovering compensation harder. If you have uninsured/underinsured motorist coverage (UM/UIM) on your own policy, that can help cover extra expenses.
Out-of-State Insurers
Dealing with non-Texas insurance companies can also be difficult. Out-of-state companies may not be familiar with Texas laws and try to lowball or deny your claim. A skilled Texas car accident lawyer can advocate for fair compensation and handle negotiations on your behalf.
What If the Other Driver Leaves Texas?
Texas law ensures that your ability to pursue compensation isn’t limited if the other driver leaves the state. If the crash occurred in Texas, the state has jurisdiction over your case. However, serving legal documents to an out-of-state driver can be complicated. Your attorney can help by tracking down the at-fault driver and serving them with legal documents. If necessary, they can also file a lawsuit in the appropriate Texas jurisdiction.
Jurisdiction: Where Can You File a Lawsuit?
Jurisdiction refers to where you can file a lawsuit. Generally, car crash victims can file a lawsuit in the county where the collision occurred. If your accident happened in Dallas County, your attorney would normally file your lawsuit in the Dallas County court system.
Filing a lawsuit in Texas ensures that the case is handled under Texas law. However, jurisdictional issues can be complex, especially if the other driver disputes liability or their insurance company is located out of state. Your attorney can handle these often-confusing issues for you.
Do You Have Specific Questions? Contact Our Law Firm Today
When you’re dealing with an out-of-state driver after a Dallas car crash, skilled legal representation can make a significant difference in the outcome. Kraft & Associates, Attorneys at Law, P.C. has over 50 years of experience handling personal injury claims, including accidents with out-of-state drivers.
Our client-focused approach is just one reason we have so many positive reviews. Take it from our former client, Eboney K., who says:
“Kraft & Associates went the extra mile for me. Thank you guys so much!!! Great communication, professional, friendly, and kind.”
We’ve helped countless clients resolve these complex cases and get the compensation they deserve. If you’ve been involved in a car accident with an out-of-state driver, call us at (214) 999-9999 or contact us online. We’ll give you a free consultation to explain how we can help you protect your rights and pursue compensation for your losses.
