What to Do if an Out-of-State Driver Hits You in Texas

Estimated Reading Time: 5 Minutes

Table of Contents:

• Does Texas Law Apply if the Other Driver Lives Somewhere Else?
• What Should You Do at the Scene of the Crash?
• Does an Out-of-State Driver Have to Carry Texas Insurance?
• Should You Contact Your Own Insurance Company First?
• What Happens if the Other Driver Leaves Texas?
• How Do Special Situations Change the Process?
• What Compensation Is Available After an Out-of-State Crash?

When an out-of-state driver causes a crash in Texas, Texas law governs what follows. Insurance claims move forward under Texas rules, not the other driver’s home state. Courts in Texas can hear the case, Texas insurance minimums apply, and the at-fault driver remains financially responsible even after crossing state lines.

The rest of the process comes down to documentation, deadlines, and knowing how to deal with an insurance company that may not be used to Texas law.

Does Texas Law Apply if the Other Driver Lives Somewhere Else?

Yes. Texas law applies to every traffic collision that occurs within the state’s borders. Courts do not defer to another state simply because a driver holds an out-of-state license or insurance policy. Under § 17.042(2), local courts have authority over nonresidents who cause harm on Texas roads.

Fault also follows Texas rules. The state uses an at-fault system, meaning the driver who caused the crash is responsible for the resulting damage. No-fault insurance laws from another state do not change that obligation.

What Should You Do at the Scene of the Crash?

The steps after any crash matter, but they matter more when the other driver may leave Texas shortly after.

• Call 911: A police report is required when a crash involves injuries, death, or property damage. When the at-fault driver is from out of state, that report often becomes the primary record insurers rely on later.
• Exchange Information: Drivers should share names, addresses, driver’s license details, insurance information, and vehicle registration. Out-of-state license plates deserve extra attention, since clear documentation helps avoid disputes weeks later.
• Photograph the Scene: Capture license plates, insurance cards, traffic signs, lane markings, road conditions, and any visible injuries.
• Gather Witness Information: Names and contact details from people who saw the crash often become important once memories fade or accounts differ.

Does an Out-of-State Driver Have to Carry Texas Insurance?

Any driver operating a vehicle in Texas must meet Texas insurance minimums while driving here. Texas requires liability coverage of at least $30,000 per injured person, $60,000 per accident, and $25,000 for property damage. Insurance policies from states with lower minimums automatically adjust upward while the vehicle is in Texas.

Problems surface when injuries exceed those limits. Emergency care, imaging, follow-up treatment, and missed work can exhaust minimum coverage quickly. Underinsured motorist coverage from your own policy often becomes part of the solution.

Should You Contact Your Own Insurance Company First?

Yes. Prompt notice protects coverage and keeps options open, and most policies require reporting within a short timeframe. Sharing basic facts is enough. Provide the:

• Date
• Location
• Parties involved

Also be sure to mention that the other driver is from out of state, confirm whether or not the police were called, and avoid speculating about fault.

Claims with out-of-state insurers often move slowly. Adjusters may be unfamiliar with Texas procedures or apply the wrong standards. Legal representation can help reduce delays and keep the claim grounded in Texas law.

What Happens if the Other Driver Leaves Texas?

Leaving the state does not end responsibility. Texas courts can still hear the case, and lawsuits are filed in Texas, typically in the county where the crash occurred or where the injured person lives. Established procedures allow legal papers to be served across state lines.

Deadlines remain firm. Texas law allows two years from the date of the crash to file a lawsuit for personal injury or property damage. Missing that deadline usually ends the case, even when fault is clear.

How Do Special Situations Change the Process?

Some crashes involve added layers of responsibility or coverage, especially when the at-fault driver is from out of state.

• Out-of-State Commercial Trucks: Truck drivers are often operating within the scope of their employment, which means the trucking company can be held responsible for the driver’s actions. Federal regulations also require higher insurance limits than those carried by most passenger vehicles.
• Rental Vehicles: Crashes involving rental cars raise questions about which policy applies first. In many cases, the rental company’s insurance provides primary coverage, depending on the rental agreement and how the vehicle was being used.
• Hit-and-Run Collisions: When an out-of-state driver leaves the scene and cannot be identified, the claim is typically handled as an uninsured motorist case. Prompt police involvement becomes critical for both the criminal investigation and the insurance process.

What Compensation Is Available After an Out-of-State Crash?

Texas law allows recovery for:

• Medical expenses
• Future care
• Lost income
• Property damage
• Non-economic losses such as pain and reduced quality of life.

Fault plays a role. Texas follows a modified comparative negligence rule. Compensation decreases if responsibility is shared. If you are found over 50% at fault for the accident, then you are barred from pursuing compensation. Evidence gathered early often determines how that issue is resolved.

How MAS Law Helps After an Out-of-State Accident

Crashes involving out-of-state drivers often create added stress at a moment when people are already dealing with injuries, repairs, and disrupted routines. Questions about insurance, deadlines, and jurisdiction tend to surface quickly, especially once the other driver leaves Texas.

MAS Law provides practical legal support to help injured Texans move forward while those issues are handled in the background. We assist clients by:

• Investigating the crash under Texas law, even when the at-fault driver lives elsewhere
• Managing communication with out-of-state insurance companies and addressing delays or improper claim handling
• Identifying all available sources of coverage, including underinsured or uninsured motorist policies
• Handling service of legal papers and court filings when a lawsuit becomes necessary
• Pursuing compensation for medical expenses, lost income, property damage, and long-term impact

MAS Law works to keep the focus where it belongs: on accountability under Texas law and the resources clients need to recover.

Find Help After a Crash with an Out-of-State Driver

If you were injured by an out-of-state driver and have questions about your rights under Texas law, MAS Law is available to help. Call (866) 328-8433 or contact us online to schedule a 100% free consultation.