Overview

Navigating the aftermath of a car accident is difficult, especially when the other driver isn’t a local (or you aren’t). In this blog, David W. Starnes Attorney At Law’s auto accident lawyers dive deep into what you need to know about handling injury claims in Texas when accidents involve cross-state drivers.

Introduction

It only takes a moment for a routine drive to turn into something life-altering. When the accident involves a driver who carries insurance from another state, the recovery process can become even more stressful. Suddenly, you’re navigating your injuries alongside a complicated claims process involving unfamiliar policies, paperwork, and legal standards.

If you’ve been hurt in a Texas car accident as or involving a non-resident driver, this guide will help you understand what to expect. From filing your claim to knowing which laws apply, here’s what you need to know to move forward with clarity.

Where Can You File an Injury Claim if One of the Drivers Isn’t From Texas?

After an accident involving a driver who isn’t from Texas, injured parties can usually start the claims process locally. If the collision resulted in bodily harm or significant financial loss, the next step is to pursue compensation through the insurance provider that covers the at-fault driver. This often involves dealing with unfamiliar policies or adjusters based in other locations.

When Texas Law Applies

Texas law applies when a motor vehicle accident takes place within the state. The location of the crash determines which legal rules govern the handling of injury claims. This includes how fault is assigned, the types of damages that may be recovered, and the applicable deadlines. Even if one or more drivers involved live elsewhere, the laws in effect at the scene of the accident take precedence. When injuries or financial losses result from the collision, Texas statutes outline the procedures for seeking compensation.

Filing a Claim as a Non-Texas Resident

If you were injured in a Texas crash but live elsewhere, you still have the right to file an injury claim in Texas. While residency doesn’t limit your legal standing, pursuing a claim from out of state can involve added steps. You may need to coordinate with Texas-based medical providers, manage documents across state lines, or navigate communication delays.

It’s recommended to seek initial medical care in Texas whenever possible. Doing so creates a clear connection between the accident and your injuries, which can strengthen your claim.

How Does Cross-State Insurance Coverage Work?

Cross-state insurance coverage can vary significantly depending on where each driver’s policy was issued. Minimum liability limits vary by state, which can create confusion after an accident. When a crash happens in Texas, insurance providers typically adjust to meet Texas’s minimum requirements for injury and damage coverage. However, dealing with unfamiliar insurers or lower coverage limits can delay the claims process. Injured parties should be prepared for potential complications when the at-fault driver’s policy was issued under a different state’s laws or insurance standards.

State-by-State Coverage Differences

Insurance coverage and policies vary from state to state, and companies may handle claims, payouts, and exclusions in ways that don’t align with Texas norms. Some policies prioritize property damage over injury compensation, while others may include unfamiliar conditions or optional coverage types. These variations can complicate the process of how quickly a claim moves forward or how fairly an injured person is compensated. Even when required to meet Texas’s limits, an out-of-state policy might involve slower coordination or unexpected policy language.

Why Some States Don’t Meet Texas Insurance Minimums

Not all states require drivers to carry the same level of liability coverage as Texas does, so some states fall short of Texas’s minimum standards.

Texas mandates minimum insurance of $30,000 per person, $60,000 per accident, and $25,000 for property damage. These limits are higher than those in many other states. For example, states like Florida and New Jersey may only require personal injury protection or significantly lower liability limits. As a result, out-of-state drivers may not have enough coverage to meet Texas’s standards after a crash, which can lead to claim delays or limited compensation for injuries and property damage.

Impacts on Injury Compensation

The type and amount of available insurance coverage can significantly influence the injury compensation you receive. When policies differ across state lines, gaps in coverage may limit recovery for medical bills, lost wages, or long-term care. Lower liability limits or policy exclusions can leave you with uncovered expenses, even if the claim is valid.

Additionally, policy terms may cap certain benefits or require stricter documentation. These differences can delay payment or reduce the total settlement amount, especially when injuries are severe. Reviewing all applicable coverages early in the process is essential to understanding potential outcomes.

When To Get Legal Help

Legal help is often necessary when a car accident results in serious injury, extended medical treatment, or lasting financial impact. It’s especially important if the at-fault driver carries out-of-state insurance, denies responsibility, and/or if multiple parties are involved.

Legal professionals can identify coverage gaps, request necessary records, and negotiate with insurers who may minimize payouts. They also ensure compliance with Texas-specific procedures and deadlines, which may differ from the at-fault driver’s home state.

If your claim involves disputed fault, delayed payments, or complex documentation, getting legal support early can help protect your rights and strengthen your case from the start.

Can You Sue a Driver From Another State in a Texas Court?

Texas civil courts allow personal injury lawsuits to be filed against a driver from another state (or by a driver from another state) and for claims to be filed when an accident causes harm within the state’s boundaries. Once a crash results in injury, the court where the incident occurred typically handles the case.

Filing in Texas ensures access to in-state legal procedures, court resources, and enforceable judgments. Service of legal documents may involve additional steps for defendants residing outside the state. However, those steps do not prevent the case from moving forward.

Establishing Legal Standing

Establishing legal standing means proving you were directly affected by the accident and have a valid reason to file a claim. In injury cases, this involves demonstrating that the collision resulted in actual harm, such as physical injuries or financial losses. Courts require clear evidence that connects you to the incident and supports your damages.

Helpful documentation may include:

Medical records
Accident or police reports
Wage loss statements
Vehicle repair estimates
Insurance correspondence

These materials help demonstrate that you have a legitimate interest in the case. Without legal standing, a court will not allow the claim to proceed.

What Injuries Justify a Lawsuit?

Not all injuries result in lawsuits, but serious or lasting harm may justify taking legal action, especially when recovery costs exceed what insurance covers. A lawsuit may be appropriate if the injury results in extended medical care, time away from work, or permanent limitations.

Injuries that often support a legal claim include:

Broken bones or fractures
Spinal cord or back injuries
Traumatic brain injuries (TBIs)
Internal bleeding or organ damage
Severe soft-tissue injuries
Long-term or chronic pain

These conditions can lead to significant losses, making legal compensation a necessary step in recovery.

Time Limits and Procedures

In Texas, personal injury claims must follow specific timing limits and procedures to remain valid. The statute of limitations typically gives you two years from the date of the accident to file a lawsuit. Failing to meet this deadline can result in losing the right to recover damages.

Alongside this deadline, several procedural steps must be followed, including collecting medical records, documenting losses, notifying the appropriate parties, and filing the documents correctly with the court. Cases involving government vehicles or public agencies may have even shorter notice requirements. Staying within the proper timing limits and procedures is essential to protecting your claim.

Why Should You Hire a Texas Auto Accident Lawyer?

Hiring a Texas auto accident lawyer can make a significant difference in the outcome of your injury claim. A local attorney is familiar with the state’s legal system, court procedures, and insurance laws that pertain specifically to in-state accidents. This knowledge helps ensure that your case is filed correctly, supported by strong evidence, and moved forward without delays.

An attorney can also communicate with insurers, calculate damages accurately, and handle complications involving non-resident drivers. With the right legal support, injured parties are more likely to receive fair compensation for medical expenses, lost income, and other losses tied to the crash.

Start Your Injury Claim With a Trusted Texas Lawyer

When an accident causes injury, and you or the other driver lives out of state, the process of filing a claim can quickly become more complicated. Understanding where to file, how coverage works, and what deadlines apply is essential to protecting your recovery. David W. Starnes Attorney At Law’s auto accident lawyers have the knowledge and experience to help you handle these situations with clarity. If you’re dealing with injuries after a cross-state collision, now is the time to act.

Call (409) 835-9900 today and let our experts handle your cross-state accident case.

What To Do After a Texas Crash With an Out-of-State Driver