You can usually sue in Texas. A nonresident who causes a crash on a Texas road is subject to Texas courts, Texas law sets the two-year deadline and the fault rules, and the claim normally runs against the driver’s own auto insurer, wherever it is based.
Texas courts can hear the case. Civil Practice and Remedies Code section 17.042 treats a nonresident who commits a tort in whole or in part in Texas as doing business here, and section 17.062 makes the chairman of the Texas Transportation Commission an agent for service of process on a nonresident in a suit growing out of a collision while operating a motor vehicle in this state. The suit is ordinarily filed in the county where the crash happened under the general venue rule in section 15.002.
Texas law governs the claim. That means the two-year limitations period in section 16.003, Texas proportionate responsibility under Chapter 33, and Texas damages rules. Do not count on the out-of-state address to extend your deadline. Treat two years as the limit.
Insurance usually follows the driver. Texas requires an owner’s policy to cover use of the vehicle in the United States or Canada under Transportation Code section 601.076, other states have similar rules, and many policies include a provision that adjusts coverage to meet the minimum required by the state where the crash happens. Whether that applies depends on the policy’s actual language, which is one of the first documents to request. If the driver’s coverage is too small for your injuries, your own underinsured motorist coverage may make up the difference.
Practical problems are real but solvable. The driver may leave Texas the same day, so get the name, address, plate, and insurer at the scene, and make sure police document the crash. Depositions and medical examinations can be scheduled remotely or where the driver lives. Rental cars and commercial vehicles add other parties.
Proving the claim does not require travel. Medical records, crash reports, photographs, and expert reports can be exchanged remotely, and many depositions are now taken by video. If the case goes to trial, it is ordinarily tried in the Texas county where the crash happened, so the injured Texan is not the one who has to cross state lines.
Owsley Law Firm handles claims against out-of-state drivers and their insurers throughout Texas, and the consultation is free.
What to do, step by step
- Photograph the driver’s license, insurance card, and plate at the scene.
- Make sure the police document the crash.
- Notify your own insurer.
- Request the other driver’s policy declarations.
- File within two years if the claim does not settle.
Service on an out-of-state driver can be done in several ways, including through the chairman of the Texas Transportation Commission under section 17.062. A lawyer handles that so the case does not stall over paperwork.
Tolling for a defendant’s absence from Texas exists in section 16.063, but courts limit it when the defendant could be served anyway. Treat the two-year deadline as firm.
If the out-of-state driver was in a rental car, the rental company is usually not liable just because it owns the car, under the federal Graves Amendment, but the driver’s own coverage and any coverage purchased at the counter may apply. If the driver was working for an out-of-state company, the employer and its commercial policy come into the picture.
Mistakes that cost people money
- Letting the driver leave without their full name, address, and insurer.
- Assuming the case must be filed in the driver’s home state.
- Counting on the driver’s absence from Texas to extend the deadline.
- Ignoring your own underinsured motorist coverage.
Related questions
Do I have to sue in the other driver’s home state?
Usually not. A Texas crash can generally be sued in Texas, in the county where it happened.
Which state’s insurance minimums apply?
The driver’s policy terms decide, and many policies adjust to the minimums of the state where the crash happened. Texas requires 30/60/25.
How long do I have to sue an out-of-state driver?
The same two years as any Texas injury claim under Civil Practice and Remedies Code section 16.003. The driver’s address does not extend the deadline.
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