Property damage is one of the most common side effects of car accidents, and dealing with repairs or vehicle replacement may be stressful and expensive. In Texas, the law provides options for recovering compensation to get you back on the road. However, navigating these processes is not always straightforward. In this blog, we will walk you through how property damage claims work in Texas, what types of compensation you may be eligible for, and how Tate Accident Law may help you with your case.
How Is Property Damage Handled in Car Accidents in Texas?
In Texas, property damage claims are normally covered by the at-fault driver’s insurance. Texas is a “fault” state, which means that the driver who caused the collision is accountable for any resulting damages. If someone else caused your accident, you have the right to seek reimbursement under their liability insurance coverage.
However, working with insurance companies can be complicated. Despite Texas law’s requirement for drivers to carry minimal liability insurance, ($25,000 for property damage) many individuals encounter problems with claims, undervalued settlements, or delayed processing. You can better prepare for the process by understanding the assessment and valuation of property damage.
What Kinds of Compensation Can I Get for Property Damage After a Car Accident in Texas?
Depending on the circumstances of the incident and the extent of your losses, you may be eligible for a variety of property damage compensation following a car crash in Texas. Here are the most frequent types of compensation you can seek.
- Vehicle Repairs or Replacement Costs: You can file a claim for the cost of repairs if your vehicle sustains damage. If the vehicle is considered a “total loss” (repair costs exceed the car’s value), you may claim reimbursement for the vehicle’s fair market value (FMV).
- Compensation for Loss of Use: If your vehicle is undergoing repair or replacement, you might qualify for compensation to alleviate the inconvenience of not having a car. This frequently includes a limited expense of renting a car, using ridesharing services, or taking public transportation.
- Personal Property Damage: Personal property that was damaged in the crash may be eligible for compensation. The cost of replacing electronics, tools, baggage, or clothing in your car after an accident may be recoverable.
Working with a car accident attorney can be beneficial to understand the full scope of what you can claim. This ensures you recover as much as possible for your losses.
How Is the Damage Valued?
Insurance adjusters or independent appraisers conduct evaluations to determine the value of property damage. Here’s how damages are usually calculated:
- Repair Estimates: Your insurance company will request an estimate of the repair costs, typically from a certified mechanic, if your car is repairable.
- Fair Market Value (FMV): When an accident declares a car a total loss, the FMV at the time of the accident sets compensation.
- Depreciation Considerations: Adjusters may consider the car’s mileage, wear and tear, and overall condition, which can reduce its value.
It’s important to gather your own evidence, such as photographs, receipts, and repair quotes, to ensure the valuation is accurate and fair.
How to Qualify for Compensation for Property Damage After a Car Accident in Texas
To qualify for compensation for property damage after a car accident in Texas, you must prove fault. This involves demonstrating that the other party caused the accident. Evidence such as police reports, photographs of the accident scene, and witness statements can help establish liability.
You also need to thoroughly document the damage that occurred. Images of the damage, repair estimates from certified mechanics or appraisers, and receipts for any completed repairs or replacements constitute proof. Accurate documentation supports your claim and guarantees that the insurance company has all relevant information.
Finally, meet the insurance company’s standards. This may involve submitting additional documentation, allowing inspections of the damaged property, and assisting with the investigation process. Meeting these requirements ensures that your claim is valid and increases your chances of obtaining compensation.
What is the Statute of Limitations in Texas for Property Damage Claims?
In Texas, the statute of limitations for filing a property damage claim is two years after the accident. To retain your rights, you must file a lawsuit within this time frame. Missing this deadline may result in the loss of your ability to seek compensation. Typically, property damage claims will be finalized within a month of the accident.
How Do I Make a Property Damage Claim in Texas?
If you’ve incurred property damage in a car accident in Texas, filing a claim is a simple process provided you follow these steps.
1. Notify the Insurance Company
Report the accident to the at-fault driver’s insurance company as soon as possible. Prepare to provide basic information, including:
- Date, time, and location of the accident.
- Contact information for the drivers involved.
- The Police Report
- If there is no injury involved you can give a statement to the insurance adjuster, however, if injuries are involved it is important to not give statements. Seek an attorney immediately.
If you’re filing a claim with your own insurance (e.g., under collision coverage or uninsured motorist property damage), notify your insurer promptly.
2. Gather Documentation
To support your claim, collect evidence such as photographs of the damaged vehicle and other affected property. You must also gather other supporting documents like police reports or accident records, repair estimates from certified mechanics or auto body shops, and receipts for any towing, storage, after-market add on’s to your vehicle, or rental car expenses.
3. Cooperate with the Insurance Adjuster
An insurance adjuster will inspect the damage to your property. This may involve inspecting your vehicle or any other damaged items. Only give a statement if there are no injuries involved. If injuries are involved, seek the help of a personal injury attorney as soon as possible.
4. Negotiate the Settlement
Insurance companies may first provide less than the full amount of your claim. Examine the offer carefully and compare it to the estimated repair costs or fair market value of your vehicle. If the offer is not fair, prepare yourself to negotiate by providing more evidence to support your claim.
Do I Need a Lawyer for a Texas Property Damage Claim?
While hiring a lawyer is not necessarily required for a property damage claim in Texas, having legal representation can be beneficial if the vehicle collision resulted in injuries. Our firm handles the property damage claim for free when we represent clients for their bodily injury claims. Our firm can coordinate your property damage claim alongside your personal injury claim while you recover from your injuries.
Does Your Case Involve Injuries and Property Damage? Contact Tate Accident Law for Legal Representation
Car accidents can cause both physical injuries and financial problems. Tate Accident Law understands your situation and is committed to helping you in obtaining the full compensation you are entitled to.
Whether your lawsuit requires vehicle repairs, loss of use, or other property damage, our experienced attorneys can effectively navigate Texas’ legal system. Allow us to handle the legal difficulties while you focus on your recovery. Contact Tate Accident Law for a free consultation.
