When an out-of-state driver causes a crash in Texas, Texas law generally governs the claim, and the driver’s home address changes the logistics more than the legal rules. Holiday visitors fill roads along the Gulf Coast and the Coastal Bend, so if you’re going to spend your holiday in this part of Texas, too, it helps to know a little more about why crashes with out-of-state drivers happen there, which rules apply, how to reach a driver who has gone home, and what evidence to protect.
Why Out-of-State Drivers Fill Coastal Texas Roads During the Holidays
Gulf Coast destinations draw visitors from across the country in late fall and winter, and most of them arrive by car. Corpus Christi and Padre Island, Port Aransas, Rockport, Galveston, and South Padre Island all see added traffic from out-of-state plates around the holidays. “Winter Texans” add to the seasonal mix. Retirees travel to the Rio Grande Valley each year, often staying weeks or months, and most come from the Midwest during a season that typically runs from October to March.
Visitors are statistically no less careful than residents when on the road, but unfamiliar surroundings add variables that can lead to collisions.
Common issues that can increase the crash risk of an out-of-state holiday driver include:
- Unfamiliar roads, causeways, and island traffic patterns
- Heavy beach and event traffic around holiday festivities
- Navigation apps that pull attention from the road
- Rental cars that drivers are still getting used to
- Long drives home after a day of travel
Which State’s Law Applies When the Other Driver Lives Elsewhere?
A crash in Texas is generally decided under Texas law, even when the at-fault driver lives in another state. The two-year Texas statute of limitations applies regardless of where the other driver resides, and Texas courts can often hear claims against nonresident defendants under the state’s long-arm statute.
That keeps the basic rules familiar, such as:
- Texas follows fault-based rules, so the driver who caused the crash is responsible for the harm.
- You generally have two years to file a lawsuit.
- Texas bars a recovery when you are found more than 50% responsible.
- The other driver’s home state does not override these rules.
Can You Sue an Out-of-State Driver Who Has Gone Home?
Yes, an out-of-state address does not place a driver beyond the reach of a Texas court, so if a holiday crash involved a driver from another state, you can still consider taking legal action. Texas has a statute written for this situation. The chair of the Texas Transportation Commission serves as the agent for service of process on a nonresident in a suit arising from a crash on a Texas public road. A lawsuit filed in Texas can reach a driver who has already returned home, and the papers can be served through that process.
The deadline deserves attention, too. In Ferrer v. Almanza, the Texas Supreme Court considered the nonresident motorist statute and held that the statute of limitations was not tolled by the defendant’s physical absence from Texas. In practical terms, the two-year clock keeps running after the other driver leaves the state, so waiting for them to return or respond can cost you your claim. Hilliard Law tracks down drivers and insurers and handles service when a lawsuit becomes necessary.
How Insurance Works When the Other Driver Is from Another State
Insurance requirements differ from state to state, and some states set lower minimum limits than Texas’s $30,000 per person, $60,000 per accident, and $25,000 for property damage. A driver from another state may carry a policy with limits that do not match the harm you suffered, and the claim usually starts with that driver’s insurer in another state.
Other sources of coverage can also apply, including:
- A rental company’s insurance or the driver’s rental coverage, since many visitors drive rentals
- An employer’s policy, if the driver was on a business trip
- The vehicle owner’s policy, if the driver borrowed the car
- Your own uninsured and underinsured motorist coverage
When the other driver’s limits fall short, a claim under your own policy works much like a claim after a crash with an uninsured driver, and your insurer will want proof of fault and damages even though the claim runs against your own policy.
Evidence That Can Disappear When a Driver Leaves Town
A driver who lives out of state may leave Texas within days, which makes the first records the most important ones.
Useful information includes:
- The driver’s full name, home address, and driver’s license state
- The license plate state and the vehicle’s registration details
- Insurance company names and policy numbers
- Rental agreement details, including the rental company
- Contact information for witnesses
- Photos, video, and the police report number
Dashcam footage, GPS data, and rental company records can also change or disappear. Our attorneys send preservation letters early and work with investigators and accident reconstruction specialists to secure them.
Contact Our Texas Attorneys When the Other Driver Lives Out of State
An out-of-state holiday visitor adds steps to a car accident claim, and our team knows how to handle them.
When we take a crash like this, we begin by:
- Identifying the driver, the vehicle owner, and every insurer that may apply
- Sending preservation letters for rental, phone, and vehicle records
- Arranging proper service through the Texas Transportation Commission process if a lawsuit is needed
- Reviewing all available coverage, including your own
If you were hurt in a crash with a visitor from another state, our Corpus Christi car accident attorneys and the rest of the Hilliard Law team can take it from there. Call us at (866) 927-3420 or reach out through our online contact form for a free case review.