Detailed Answer
When your vehicle sustains damage in an accident, you can pursue property damage compensation separately from any bodily injury claim. Follow these key steps under Texas law:
- Report the Accident Promptly: Notify your own insurer and the at-fault driver’s insurer as soon as possible. Timely notice preserves your rights under the insurance contract.
- Gather and Preserve Evidence: Photograph all vehicle damage, the accident scene, skid marks and traffic signs. Collect witness names and contact details.
- Obtain Repair Estimates: Secure written estimates or invoices from licensed auto repair shops. Multiple estimates can strengthen your position.
- Send a Demand Letter: Draft a concise written demand to the at-fault driver’s insurer. Include a summary of facts, photos, repair estimates and a clear compensation amount.
- Negotiate with the Adjuster: Review the insurer’s offer carefully. Counteroffer if necessary, providing documentation to support your valuation.
- Use Dispute Resolution if Needed: Consider appraisal or mediation under chapter 541 of the Texas Insurance Code for bad-faith or valuation disputes.
- File a Lawsuit Before the Deadline: If the insurer refuses fair compensation, file suit for property damage in small claims court (up to $20,000) or county court at law. Do so within two years under Tex. Civ. Prac. & Rem. Code § 16.003 (statute of limitations).
Key Legal Principles
- Separate Claims: Texas treats property damage and bodily injury as distinct causes of action. Filing one does not waive the other.
- No Damage Caps: You can recover the full cost to repair or replace your vehicle.
- Bad Faith Remedies: If an insurer unreasonably denies or delays payment, you may pursue extra-contractual damages under Tex. Ins. Code § 541.060.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Keep organized records of all communications and receipts.
- Obtain a written rental-car agreement if you need a replacement vehicle.
- Check whether your own policy includes rental and towing coverage.
- Consult a qualified attorney if negotiation stalls or liability is disputed.
- Act quickly to preserve evidence and meet all deadlines.