Car Accident in Another State
Question: I live in Texas, but was involved in a car accident in another state. Can I pursue the claim here in Texas, or do I have to hire a lawyer in the state where the accident happened?
Answer: Technically, you can hire a lawyer in Texas, but the case would be governed under the laws of the state where the accident occurred. Additionally, it would the other state that would have jurisdiction over the drivers and any witnesses. If a lawsuit has to be filed, then the suit would be filed in the state where the accident happened. So, although you can hire a Texas attorney, it would be more efficient for you to hire an attorney in the state where the accident happened. Additionally, the out-of-state attorney would be more familiar with the laws of that state and can best represent you in your case.
If you are pursuing a claim under your own policy, such as an uninsured motorist claim, then you should hire an attorney in Texas. This is because your claim would be initiated under an insurance policy issued to you here in Texas. To some extent, the other state’s laws may apply in order to determine fault in the car accident. But since your insurance policy was issued to you as a Texas resident, you can pursue those claims under Texas law.