You were heading home on Katella Avenue near the resort district when a car with Arizona plates ran a red light and hit your passenger side. The driver was polite, exchanged information, and mentioned that her family was flying home the next morning. Now you are hurt, your car is in the shop, and the person responsible lives 400 miles away with an insurance company you have never heard of.
Out-of-state drivers raise practical questions, but the core legal rules are the same as in any California crash.
Quick answer: A crash with an out-of-state driver in California is generally governed by California law, and California courts can exercise jurisdiction over a nonresident who causes a crash here. Code of Civil Procedure section 410.10 allows jurisdiction on any basis consistent with the state and federal constitutions, and driving on California roads supplies that basis for a crash here. The driver's own auto policy is usually the first source of payment. Many policies include a provision that adjusts coverage to meet the minimum requirements of the state where the crash happens, but the actual limits may still be low. Your own uninsured and underinsured motorist coverage can fill gaps.
Key Takeaways
- A crash in California is usually governed by California fault and damages law, even if the driver lives elsewhere.
- California courts can hear a case against a nonresident driver who caused a crash here.
- The at-fault driver's home-state policy is usually the first source of payment.
- California requires minimum liability limits of $30,000 per person, $60,000 per accident, and $15,000 for property damage for policies under Vehicle Code section 16056.
- Your own UM and UIM coverage can protect you if the visiting driver's coverage is too low.
Does California Law Apply if the Driver Is From Another State?
Generally, yes. The crash happened here, the rules of the road that were broken are California's, and California has a strong interest in compensating people injured on its roads. That means California's pure comparative fault rule, its damages rules, and its two-year statute of limitations under Code of Civil Procedure section 335.1 usually apply.
Can I Sue an Out-of-State Driver in California?
Yes. Code of Civil Procedure section 410.10 allows California courts to exercise jurisdiction on any basis not inconsistent with the state or federal constitution. A driver who causes a crash on a California road has sufficient connection to the state for a court here to hear the case. The Vehicle Code also provides procedures for serving nonresident motorists. A lawsuit for a crash in Anaheim would ordinarily be filed in the Superior Court of California, County of Orange.
In practice, most of these claims resolve with the driver's insurer, and the driver rarely has to return to California unless the case goes to trial.
Whose Insurance Pays?
The visiting driver's policy
The driver's own auto policy, issued in their home state, usually follows them to California. Many policies include an "out of state coverage" provision that raises liability limits to meet the minimum requirements of the state where the crash occurs, but policy language varies and should be confirmed.
California's minimum liability limits for policies used to establish financial responsibility rose on January 1, 2025, to $30,000 for injury to one person, $60,000 for injury to two or more people, and $15,000 for property damage under Vehicle Code section 16056. Our post on California's raised minimum insurance limits explains why even those amounts often fall short.
A rental car
If the visitor was driving a rental, the rental company is usually not liable just for owning the car, because of a federal law known as the Graves Amendment (49 U.S.C. 30106). Coverage usually comes from the renter's own policy, coverage purchased at the counter, or in some cases a credit card benefit that covers damage to the rental car itself rather than your injuries.
Your own coverage
If the at-fault driver has no coverage or too little, your uninsured or underinsured motorist coverage may apply. Under Insurance Code section 11580.2, auto liability policies issued in California must include this coverage unless the policyholder waives it in writing. MedPay on your policy can pay medical bills regardless of fault.
What Should I Do at the Scene With an Out-of-State Driver?
- Photograph the driver's license, insurance card, and license plate.
- Get a local address or hotel, plus a home address and phone number.
- If it is a rental, photograph the rental agreement or note the company and vehicle number.
- Call police if anyone is hurt. In Anaheim, the Anaheim Police Department usually handles city streets, while the CHP generally handles crashes on I-5 and SR-57.
- Get witness contact information, since the other driver will not be around for follow-up questions.
What Problems Come Up With Visiting Drivers?
- Slow communication. Out-of-state insurers may handle California claims through remote adjusters. Keep everything in writing.
- Low limits. Some states allow lower minimums than California.
- Disputes about fault. A driver who has gone home may change their account. Early witness statements and the police report matter.
- International drivers. Foreign drivers may carry coverage through a rental agency or travel policy. A crash with a driver from outside the United States can make collection more complicated.
How Long Will an Out-of-State Claim Take?
Usually about as long as any other claim. Timing depends mostly on your medical treatment, not the other driver's address. Most injury claims should not be resolved until your doctors can describe your long-term condition, because a settlement release ends the claim. Delays tend to come from slow insurer communication, which is why written follow-ups and a clear demand package help.
Our Anaheim accident guide collects local contacts and next steps.
Frequently Asked Questions
Do I have to go to the other driver's state to file a claim?
No. You can make an insurance claim from California and, if needed, file a lawsuit in the California county where the crash happened.
What if the out-of-state driver had no insurance?
Your uninsured motorist coverage may pay, subject to your policy terms. Our post on hit-and-run and uninsured driver claims explains how those claims work.
Will the visiting driver have to come back for a deposition?
Possibly, though remote depositions are common. Most cases resolve before trial.
Does the visitor's home state's law on fault apply?
Usually not. California's comparative fault rules generally govern a crash here.
How long do I have to file?
Generally two years from the injury under Code of Civil Procedure section 335.1.
Hit by a Visiting Driver? Geller Legal Can Help.
Out-of-state drivers go home, but the claim stays here. Locking down information early prevents problems with coverage and fault later.
Geller Legal | Personal Injury Attorneys handles claims against out-of-state and international drivers, works through home-state and rental coverage, and protects your access to your own UM and UIM benefits. Learn more about our California car accident practice.
We serve injured clients throughout California, with offices in Walnut Creek, Oakland, and Los Angeles. If you were hit by an out-of-state or visiting driver, call us at 213-770-4870 for a free, confidential consultation with Attorney Michael Geller.