A car accident is stressful enough, but the situation becomes even more confusing when the crash happens outside your home state. Many Texans travel for work, vacation, family visits, or long road trips. When a wreck occurs in another state, victims often feel stuck. They are unsure where to file the lawsuit, which state’s laws apply, or how insurance companies handle claims across state lines. Filing an out-of-state car accident case brings unique challenges, but with the right steps and the right legal help, you can still protect your rights and pursue the compensation you deserve.
Why Out-of-State Accident Cases Are More Complicated
Every state has its own laws on fault, insurance coverage, deadlines, and what injured victims can recover. When the accident happens somewhere else, you suddenly have to deal with rules you may not know.
Some of the most common issues include:
Different Filing Deadlines
Texas gives most accident victims two years to file a lawsuit. Other states may give more or less time. If you rely on Texas deadlines when the crash happened elsewhere, you could lose your right to recover anything.
Different Liability Rules
Texas is a fault-based state that uses a modified comparative negligence system. Other states may use different versions of comparative negligence or even “no-fault” systems that require victims to file medical claims through their own insurance first.
Jurisdiction Issues
You can’t choose any court you want. The lawsuit usually must be filed in the state where the crash occurred or where the defendant lives.
Insurance Company Tactics
Insurers often delay or deny out-of-state claims because they know victims feel overwhelmed and confused. They may insist on applying the other state’s laws in ways that reduce your settlement.
These complications make it important to take the right steps early.
Step 1: Report the Accident to Local Police Immediately
No matter where the accident happens, the first step is to contact local law enforcement. An official police report becomes a key piece of evidence in your case. It documents:
- What happened
- Who was involved
- Witness information
- Location of the crash
- Whether the other driver was ticketed
When filing an out-of-state lawsuit, this report helps establish the facts and prevents the other driver from changing their story later.
Step 2: Gather Evidence at the Scene
Evidence is more important when you are not familiar with the area where the crash happened. If possible, collect:
- Photos of the vehicles
- Road signs and intersection layout
- License plates
- Insurance information
- Witness names and phone numbers
- Weather and road conditions
Because you may never return to that location, every detail you capture becomes valuable.
Step 3: Notify Your Insurance Company Quickly
Most insurance policies require you to report accidents promptly, even when they occur out of state. Let the insurer know what happened, but avoid giving recorded statements until you speak with an attorney. Insurance companies sometimes use confusion about out-of-state rules to push victims into accepting small settlements.
Step 4: Determine Which State Has Jurisdiction
This is one of the biggest questions in any out-of-state accident case. In most situations, lawsuits must be filed in the state where the crash occurred. However, other courts may have jurisdiction if:
- The defendant lives in another state
- A company vehicle was involved
- Multiple drivers and insurance carriers are part of the claim
These issues can become complicated quickly, which is why legal guidance is crucial.
Step 5: Understand Which State’s Laws Apply
The state where the accident happened typically controls:
- How fault is determined
- What damages you can recover
- Whether your claim is limited by no-fault rules
- The deadline to file your lawsuit
For example, some states reduce compensation more strictly if a victim shares even a small percentage of fault. Others cap certain types of damages. Filing a claim without understanding these rules can cost you financially.
Step 6: Hire a Personal Injury Lawyer Familiar With Multi-State Claims
Handling a car accident across state lines requires experience. A skilled lawyer can:
- Coordinate with out-of-state investigators
- Interpret the other state’s laws
- Ensure the claim is filed in the correct court
- Fight insurers trying to limit compensation
- Track deadlines in both states
- Gather evidence before it disappears
At Hildebrand & Wilson, LLP, we frequently help Texans injured in other states and people from other states injured while visiting Texas. The key is getting a lawyer involved early—before insurance companies create delays or before important evidence becomes hard to reach.
How Hildebrand & Wilson, LLP Helps With Out-of-State Accident Claims
Filing an out-of-state lawsuit can feel overwhelming, especially when you’re dealing with pain, medical appointments, and uncertainty about the future. At Hildebrand & Wilson, LLP, we take on the legal burden so you can focus on healing. Our team investigates the crash, determines which state’s laws apply, gathers out-of-state evidence, and pushes back against insurance companies trying to shift blame or reduce your claim.
Whether your accident happened in Louisiana, Oklahoma, New Mexico, Arkansas, or anywhere else, we are here to help you move forward. Contact Hildebrand & Wilson, LLP today for a free consultation. You do not have to face this process alone.