I was in an auto accident in Texas with an out-of-state driver. What do I need to know?

Texas Auto Insurance Requirements for Out of State Drivers

An out-of-state driver driving in Texas must have insurance coverage that meets the Texas minimum levels of “financial responsibility” for their car.

Transportation Code section 601.072 of the Texas Motor Vehicle Safety Responsibility Act requires all owners and operators of motor vehicles in Texas to carry, as a minimum, the basic “30/60/25”coverage. This means that all drivers have to have:

  • $30,000 dollars for bodily injury to or death of one person in one accident;
  • $60,000 dollars for bodily injury to or death of two or more persons in one accident; and
  • $25,000 dollars for damage to or destruction of property of others in one accident.

Sometimes auto insurance minimums are not enough to cover the cost of your injuries. That’s why the Texas Department of Insurance recommends buying more liability insurance than the minimum. They point to the rising costs of vehicles and medical care.

Your liability insurance doesn’t always pay to repair or replace your car or to treat your injuries. Other types of coverages such as personal injury protection, uninsured or underinsured motorist, medical payments, collision, and comprehensive – can help you pay for these expenses.

What happens if you have an auto accident in Texas with an out-of-state driver?

Texas is an at-fault state, which means the at-fault driver is the one whose insurer pays for damages and injuries. If the accident happens in Texas, Texas law is the law that is followed. Tell your insurer and get the out-of-state-driver’s insurer information. You’ll file the claim against the out-of-state-driver’s insurer.

Sometimes, the out-of-state-driver will try to “skip out” on paying up. When this happens, the next step is taking legal action. There are a lot of complex issues in suing an out-of-state-driver. That’s when it’s time to get legal help.

Also remember that if the out-of-state at-fault driver didn’t own the car being driven in a car accident, Texas has specific laws and guidelines for dealing with a situation like that.