Disclaimer: This information is for general educational purposes and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Texas law, you may pursue compensation for vehicle damage independently from any bodily injury claim. Doing so helps you recover repair or replacement costs quickly, even if your personal injury case continues separately.
1. Document the Damage
- Take clear photos of all vehicle damage from multiple angles.
- Obtain a written repair estimate from a licensed auto body shop.
- Secure a copy of the police report, if available.
2. Notify the Relevant Insurance Companies
Determine whether you will file a first-party claim with your own insurer or a third-party claim against the at-fault driver’s insurer:
- First-Party Claim: Submit your proof of loss and repair estimate to your insurer. Under Texas Insurance Code §542.055, the insurer must accept or deny your claim within 60 days of receiving all required documentation. (Ins. Code §542.055).
- Third-Party Claim: Send a written demand letter, repair estimate, photos, and the police report to the at-fault driver’s insurer. Request a specific amount to cover the full cost of repairs plus any applicable rental-car expenses.
3. Negotiate a Settlement
- Keep detailed records of all communications, including dates and names of adjusters.
- If the insurer offers less than your repair estimate, provide supplemental documentation or a second estimate.
- Be prepared to explain why the proposed repairs are necessary and reasonable.
4. File Suit if Negotiations Stall
If you cannot reach a fair settlement within a reasonable time (typically 30–45 days), you may file a lawsuit in justice court. Texas law requires you to bring a property-damage action within two years:
- Texas Civil Practice & Remedies Code §16.003(b) imposes a two-year statute of limitations for actions to recover for damage to or loss of personal property.
- The small-claims (justice) court handles disputes up to $20,000. You may represent yourself or hire an attorney.
Helpful Hints
- Obtain multiple repair estimates to strengthen your demand.
- Review your policy’s deductible before filing a first-party claim.
- Always send demand letters via certified mail with return receipt.
- Track rental-car expenses separately and include them in your total demand.
- Consult an attorney before filing suit to confirm deadlines and procedure.