You can handle car accidents involving out-of-state drivers by hiring a Dallas car accident lawyer to assist you with your case. A law firm can tackle such challenges as:
- Finding the at-fault party, whether it is the driver or someone else
- Informing you about how insurance coverage works in the state where the driver is from
- Negotiating with the liable party’s insurer for a fair settlement
- Determining which court has jurisdiction over your case if you have to go to trial
Handling Investigations to Find Liable Out-of-State Drivers
It is not always easy to locate the driver who hit you, but it becomes especially difficult if that person is no longer in the state. A car accident law firm can help you by collecting evidence that may reveal the driver’s identity and enable you to prove your case against them. Such evidence could include:
- Photos or video footage that captures the driver’s car, especially their license plate number
- Any information you gathered about the other driver, such as their name and insurance information
- The police report, in which the responding officer should have recorded everything they learned about the accident
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Out-of-State Insurance Companies Follow Different Accident Coverage Rules
The amount of money you can collect for your accident will depend on how much insurance the at-fault driver carries. Since car insurance is regulated on a state-by-state basis, a driver who lives elsewhere may carry more or less coverage than you do.
Your attorney can help you better understand the insurance laws that may affect your compensation. They can even figure out a way to get compensation from a driver who was not properly insured.
Long-Distance Negotiations With Out-of-State Drivers
The process of getting fair compensation after a car accident may be more complex and protracted if you have to deal with out-of-state attorneys, insurers, and liable parties. Here is what you should know about this process.
What Can You Get After a Car Accident?
When someone else causes your car crash, they are legally liable for any losses you incurred, including:
- Physical pain and suffering
- Emotional distress
- Loss of consortium
- Lost quality of life
- Medical expenses
- Property damage
- Loss of income
- Loss of earning capacity
Negotiating With an Out-of-State Insurance Company
Assuming that the liable party was properly insured, you will have to work with the insurer (rather than directly with the driver) to get the money you need. Your attorney can handle all communications with the insurer, including:
- Sending them a demand letter asking for fair compensation
- Keeping the lines of communication open via email, text, teleconference, phone, and/or fax
- Figuring out the most convenient way of meeting for negotiations
- Representing you at all negotiations so you do not have to travel or appear at virtual meetings
When to Start Seeking Car Accident Compensation From an Out-of-State Driver
You must work within the statute of limitations set by the state in which the accident occurred. For example, if a Mississippi driver hit you on a Texas roadway, you would have two years to begin a lawsuit, per Texas Civil Practice and Remedies Code § 16.003.
Given this information, if you are considering seeking compensation, you should do so as soon as possible. It is also a good idea to hire a personal injury attorney who can tell you more about your rights.
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How to Take an Out-of-State Driver to Court
In many cases, both the liable party and the accident survivors want to end the case as quickly as they can. The insurer may, therefore, be willing to negotiate a pretrial settlement so they do not have to go through all the trouble of a court case.
In some situations, however, the insurer refuses to offer a fair settlement or the liable party will not admit liability. When that happens, you may have to take your case to trial and let a jury decide how much compensation you receive.
Who Has Jurisdiction in Accidents Caused by Out-of-State Drivers?
Put simply, the state where the accident occurred is the state whose court system will determine your case’s fate. Continuing from the previous example, if you were hit by a driver from Mississippi on a Texas roadway, then your case will be adjudicated in Texas.
Since the other driver does not live in Texas, it is their responsibility to, if desired, find a lawyer who can operate in this state. They would also have to travel back and forth from Mississippi to Texas as required.
What if You Are Also an Out-of-State Driver?
If you are a Texas resident who got hit on a Texas roadway, this makes things easier for you since the case will occur in your own “backyard.” On the other hand, what if you are from Texas and were passing through Oklahoma when the Mississippi driver hit you?
In this case, you, too, would have to think about finding a lawyer who is licensed to practice in Oklahoma and potentially do some traveling. You can talk to a local Texas attorney about how you can handle car accidents involving out-of-state drivers.
How Your Car Accident Trial May Go
Trials can take a while—sometimes even years—to complete. Hiring a lawyer to represent you would save you the trouble of having to perform such tasks as:
- Choosing which dates the trial will take place on
- Selecting jury members to consider your case
- Delivering oral arguments and statements
- Submitting evidence according to court standards
- Preparing any other paperwork the judge asks for
- Preparing witnesses to testify for you
- Questioning your own witnesses and cross-examining the defense’s witnesses
- Determining if the defense is obeying court rules and objecting if they are not
After Being Hit by an Out-of-State Driver, Call in the Strong Arm
At Loncar Lyon Jenkins, our team knows just how to handle car accidents involving out-of-state drivers. Whether you want to file a case for yourself or on behalf of a deceased loved one, call us today for a free initial consultation. We offer free case reviews, and we never charge clients attorney’s fees until they get the compensation they need.
