The driver who hit me had Mexican plates or Mexican insurance. Who pays?

Texas rules apply to every car on Texas roads

Under Transportation Code § 601.051, “a person may not operate a motor vehicle in this state” without financial responsibility for that vehicle, usually a liability insurance policy. The short list of exceptions in § 601.052 covers things like antique and exhibition vehicles and golf carts. There is no exception for out-of-state or foreign plates. Driving without it is a misdemeanor (§ 601.191).

The law also requires the driver to show proof of coverage to anyone involved in a collision with them (§ 601.053), and to give their name, address, vehicle registration and insurer (§ 550.023). That is the starting point: what did the driver show you, and what is on the crash report?

The officer's crash report, form CR-3, records the insurer and policy number the driver gave, and the plates. We pull it and check it against the papers you photographed; see how to get your Texas crash report. Ask witnesses for their names and phone numbers too. If the driver later says the policy doesn't cover the U.S., what was written down at the scene matters.

Does Mexican car insurance cover a crash in Texas?

It depends entirely on the policy. Some Mexican insurers include liability coverage in the United States with their auto plans. One major insurer, for example, includes U.S. liability up to USD 150,000 combined, but only for cars with Mexican plates and only with a coverage certificate. Other insurers sell U.S. coverage as an add-on, or include it only in their more complete plans. A policy without that coverage may not pay for a crash in Texas at all.

So the questions we answer early are:

• Which company issued the policy, and what is the policy number?
• Does it include U.S. coverage, and was it in force on the day of the crash?
• Was there a U.S. coverage certificate, and what are the limits?
• Who handles claims on the U.S. side for that insurer?

Bring us a photo of anything the driver handed you: the policy, a certificate, the plates, a driver's license. Spanish documents are no problem. We read them in Spanish from day one.

If their insurance doesn't pay, look at your own

For most people, the real safety net is their own policy. Texas insurers must include uninsured/underinsured motorist (UM/UIM) coverage in every auto liability policy unless a named insured rejected it in writing (Ins. Code § 1952.101). It is there for drivers who have no coverage that pays, and Texas law also treats a car whose insurer is insolvent and can't pay as uninsured (§ 1952.102). If the driver's policy does pay but its limits are low, the same coverage can work as UIM. Under Texas law, the other car counts as underinsured when its limits are lower than the UIM limit on your policy (§ 1952.103).

Your PIP coverage, if you have it, pays medical bills and lost wages regardless of fault. Your car can be covered by UM property damage coverage, subject to a $250 deductible (§ 1952.105), or by your collision coverage. How these claims against your own insurer work is explained in what if the driver has no insurance and should I use my own insurance.

What if the driver drove off?

When the driver can't be identified, Texas UM coverage requires actual physical contact between the unknown driver's vehicle and you or your car (§ 1952.104). A driver who ran you off the road without touching your car is harder. Plates seen by a witness or caught on camera can identify the driver, so call 911, ask for an officer, and write down anything you saw. See hit-and-run in El Paso and hit-and-run in Houston.

Can I sue a driver who lives in Mexico?

Yes. Texas law makes the chair of the Texas Transportation Commission the agent for service of process on a nonresident sued over a collision that happened while they were driving in Texas (Civil Practice and Remedies Code § 17.062). It also covers a person who lived in Texas at the time and later moved away. TxDOT says it serves defendants outside the country by registered mail when it is given a complete address.

A lawsuit is the tool; insurance is usually the money. Collecting a judgment from a person's own assets is rarely realistic, and harder still across the border. That is why finding every policy, theirs and yours, comes first. The deadline to sue is generally two years from the crash (CPRC § 16.003).

Was it a commercial truck?

Trucks run by Mexico-based carriers follow different, federal insurance rules with much higher minimums. If you were hit by an 18-wheeler or other commercial truck, see hit by a Mexican truck in El Paso.

Your rights don't depend on papers

We never ask about immigration status to help someone, and the right to compensation for a crash in Texas does not depend on it. If you live in Juárez or elsewhere in Mexico and were hurt in Texas, see Juárez residents hurt in El Paso. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you talk with him directly by phone, text, email or video call, and in person when needed, wherever you are in Texas. After you hire us, we deal with the insurers in both countries.

Other ways people ask this

Does a car with Mexican plates need insurance in Texas?

Yes. Transportation Code § 601.051 says a person may not operate a motor vehicle in Texas without financial responsibility, and the exceptions in § 601.052 do not include foreign plates.

Does Mexican car insurance cover accidents in the U.S.?

Some policies do. Certain Mexican insurers include U.S. liability with their plans or sell it as an add-on, usually with a certificate and set limits. Others don't cover the U.S. at all. The policy itself decides.

The other driver's Mexican insurer won't pay. What now?

Your own uninsured motorist coverage is usually the next place to turn, along with PIP for medical bills. Texas insurers must include UM unless you rejected it in writing.

Can I sue someone who lives in Mexico?

Yes, for a crash in Texas. CPRC § 17.062 makes the chair of the Texas Transportation Commission the agent to receive the lawsuit for a nonresident driver, and TxDOT serves out-of-country defendants by registered mail with a complete address.

The driver drove back across the border. Is my claim over?

No. If the driver can be identified, the claim continues against them and their insurer. If not, your UM coverage may pay, but only if there was actual physical contact with your car or with you.

What should I photograph at the scene?

The plates, the driver's license, any insurance policy or U.S. coverage certificate, the other car and the damage. Spanish-language documents are fine; we read them.

Do I need papers to make a claim?

No. We never ask about immigration status, and the right to compensation for a Texas crash does not depend on it.

Authority: Tex. Transp. Code § 601.051 (financial responsibility required) · Tex. Transp. Code § 601.052 (exceptions) · Tex. Transp. Code § 601.053 (evidence of financial responsibility) · Tex. Ins. Code § 1952.101 (UM/UIM required unless rejected in writing) · Tex. Ins. Code § 1952.104 (physical contact for unknown drivers) · Tex. Civ. Prac. & Rem. Code § 17.062 (nonresident motorists) · TxDOT: Service of process on nonresident motorists, FAQ · ACE Seguros: U.S. liability coverage for Mexican auto policies (example)