What Happens If the At Fault Driver is From Out of State?

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What Happens If the At Fault Driver is From Out of State?

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Have you been in a Texas car accident? Was the at-fault driver from out of state? Are you nervous that you need to take a particular action to protect yourself because the other driver in your Texas car accident is not a resident?

Texas sees a lot of travelers from all over the country. The high number of visitors means there’s always a significant number of out of state drivers on our roadways. Any increase in tourists means an increase in traffic, so a state with a high visitor count like Texas will see a higher probability of accidents occurring between Texas residents and visitors from out of state.

Which State Laws Apply When in an Accident with an Out of State Driver?

If an accident occurs within Texas’s state lines, Texas state law determines liability for damages, and options available to car accident victims. In other words, when you are in an accident in Texas, Texas has jurisdiction even if one or more of the drivers are not residents of Texas.

What About State Insurance Requirements for Out of State Drivers?

When dealing with an out of state driver after a car accident, it can seem confusing because the state where they live has different insurance requirements than the state of Texas. Don’t let this muddy the waters of any negotiations or discussions. The insurance requirements in the state of Texas override the other states’ minimums when an out of state driver is on the road in Texas. Texas law requires a minimum liability amount of $30,000 for each injured person, up to a total of $60,000 per accident. If an out of town driver is from a state with lower limits, they automatically increase when they enter Texas.

What If the Out of State Driver is From a No-Fault State?

Some states are no-fault states, but Texas is not. If an out of town driver is on the road in Texas, they are subject to Texas state law. Still, many are under the impression that damages are paid automatically by each driver’s insurance policy regardless of fault since that is the law in their home state. However, even if an out of state driver is from a no-fault state, that’s not how it works when they are driving in Texas. In Texas, a “degree” of fault assigned to each party involved is used by insurance companies to determine payment for damages, injuries, etc.

If you were injured in a car accident involving an out of state driver, contact an experienced car accident attorney at Hudson Law Firm. We’ll help you maximize your recovery by determining your best course of action. We put Personal back into Personal Injury Law.

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