Getting into an RV accident is always complicated, but it can be worse if the other driver is from outside of Texas. You may not know what your legal options are or whether the other party’s insurer will cover the losses you sustained.
Learn more about what to do and how a Texas RV accident lawyer can help.
What the Texas Fault-Based System Means
Texas has a fault-based system for traffic accidents. If you’re in a collision, you have to demonstrate that the other party was negligent or wrongful in their conduct in order to recover your losses.
The state also has modified comparative negligence laws that still allow you to receive compensation if you were partly responsible for the crash. As long as you don’t hold more than 50% of the blame for the accident, you can file a claim to recover your losses.
Does Texas Have Jurisdiction?
Typically, yes. After an RV accident involving a driver from another state, you might wonder whether your claim will fall under their state’s laws or your own. After all, each state has its own rules regarding fault in accidents. State laws also affect how much insurance coverage a driver must carry and how filing an insurance claim works.
However, the location of the accident matters much more than the state where a driver is insured. Texas laws have jurisdiction over any accident that happens within the confines of the Lone Star State.
The Challenges of Out-of-State RV Accident Claims
Even if Texas does have jurisdiction over an RV accident that occurs within its borders, complications can arise if you pursue an insurance claim against a driver from out of town.
How Out-of-State Insurance Affects a Claim
Insurance policies vary substantially throughout the country. For example, many states set lower minimum liability coverage requirements than Texas. Fortunately, the other driver’s insurance provider will probably increase its client’s coverage to match Texas minimums through a “broadening clause.”
However, the details of this process can be tricky. Negotiations with an out-of-state insurer can also be much more complicated, especially if you attempt to pursue the claim without help from a Texas RV accident attorney.
If the out-of-state driver who caused the RV accident was uninsured or underinsured, you may have to depend on your own UM/UIM policy. That adds further complications to the claim.
How RV Insurers Are Different
RV insurance is more complicated than that of other vehicles. The type of RV and whether the owner lives in it full time will play a role in the kind of insurance they have. Additionally, some owners carry specialized insurance to cover all of the items inside their vehicles.
These details can significantly impact how the claim process works and how much money you can recover. It’s never a good idea to begin the negotiations process on your own because you can end up with a smaller settlement than you deserve.
Steps to Take After an RV Accident
Right after the accident occurs, getting medical help is critical, as is ensuring that law enforcement gets to the scene. This will create a record of the accident in the form of a police report. The police report could help your lawyer tremendously in proving liability.
You should not waste any time before gathering evidence, including photos of the property damage and anything else that clearly shows who caused the RV accident. You’ll also need to speak with witnesses and get their contact information. Your lawyer can then follow up on their statements.
Because you’re dealing with someone from out of Texas, it’s important to file a claim as quickly as possible. Contact an RV accident lawyer to get the process started. Your lawyer will help you avoid common mistakes with insurance claims and handle communications and negotiations from afar.
How Your RV Accident Lawyer Helps
Attorneys understand the legal challenges that accidents with out-of-state drivers pose. They know how to investigate an accident and find evidence that shows that the other party was negligent. By putting together all of this evidence, they can present a clear case to insurance companies based anywhere in the country.
Negotiating with adjusters is always tough. The other party’s insurer will try to place as much of the blame on you as possible, so having representation can help protect your claim. If it seems like a settlement isn’t possible, your lawyer can take the case to court.
FAQ
Is There a Statute of Limitations for RV Accidents?
Yes. As with other types of traffic collisions in Texas, you have two years to begin your claim. It’s never a good idea to wait that long, however, because you might no longer have access to the evidence you need.
Can I Receive Compensation for Property Loss?
Yes, as part of economic damages, you can claim any losses you suffered to your property.
How Much Is a Claim for an RV Accident Worth?
The value of your claim will depend on the severity of your injuries, the strength of the evidence that proves the other party is responsible, your degree of liability, and a variety of other factors.
Get Help With RV Accident Claims From Ramsey Law Group
After suffering injuries and property loss in an RV accident, you can ask for fair compensation through a personal injury claim. You shouldn’t pursue this on your own, however. At Ramsey Law Group, our team can assist you through this complex process. Contact us to schedule a free consultation.