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I was in an out-of-state car accident, so which state’s insurance law applies?

Asked by user in California.

While visiting Texas, I turned left on a green arrow and was struck by an oncoming car. The other driver stated that she had a green light. My insurance is written out of California. Will I be paid out according to Texas or California calculations?

Answered by Enjuris Editors:

Thank you for your question.

Unless the insurance policy states otherwise, California law (i.e., the state where the policy was issued) will apply to any disputes regarding the insurance policy. For example, if there’s a dispute as to whether or not an uninsured motorist provision applies, California law will apply. Similarly, if there’s a dispute as to the proper payout under the policy, California law will apply.

On the other hand, any non-contract issues will generally be governed by Texas law (i.e., the state where the accident occurred). For example, if there’s a dispute as to liability or what shared fault rule applies, Texas law will apply.

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