Dealing with car property damage after an accident can be stressful and confusing. If you’re facing difficulties getting your vehicle repaired or replaced, especially when dealing with insurance companies, a Car Property Damage Lawyer can be an invaluable asset. This guide will explain your rights in property damage claims, what coverages are available, and when it’s time to seek legal help.
In Texas, like many states, financial responsibility laws mandate that drivers who cause accidents must cover the resulting damages. This is typically achieved through auto insurance. Texas law requires a minimum level of liability insurance to protect others from damage you cause, including property damage to their vehicles. However, this mandatory liability coverage is designed to protect others, not your own vehicle. If you are at fault in an accident, your liability insurance will pay for the other driver’s car repairs, but it won’t cover the damage to your own vehicle.
To ensure your car is protected regardless of fault, you need to consider additional, optional property damage coverages. These include:
- Collision Insurance: This coverage helps pay for the repair or replacement of your car if it’s damaged in a collision with another vehicle or object. It applies whether you are at fault or not.
- Comprehensive Insurance: Comprehensive coverage protects your car from other types of damage beyond collisions, such as theft, vandalism, weather events (hail, flood), or hitting an animal.
- Uninsured/Underinsured Motorist Property Damage (UM/UIM) Insurance: If you are hit by an uninsured driver, or a driver with insufficient insurance to cover your damages, UM/UIM coverage can step in to pay for your car repairs. This is crucial for protecting yourself from financially irresponsible drivers.
Car accident damage assessment for insurance claim
Understanding Property Damage Coverage After a Car Accident
The source of payment for your car’s property damage hinges on who was at fault in the accident.
If You Were At Fault: You will rely on your optional collision or comprehensive coverage to repair or replace your vehicle. The extent of coverage will depend on the limits and deductibles you selected when purchasing your policy.
If the Other Driver Was At Fault: The other driver’s liability insurance should cover the costs to repair or replace your car, as well as related expenses like towing and rental car fees while your vehicle is being fixed. This coverage is limited to the at-fault driver’s policy limits. If their insurance is insufficient to cover all your damages, you may need to utilize your own optional coverages (like collision or UM/UIM if the at-fault driver was uninsured or underinsured) to cover the remaining balance, depending on your policy and the specifics of the situation. Navigating these situations can be complex, and this is where a car property damage lawyer can provide guidance.
Filing a Car Property Damage Claim: Key Deadlines and Insurer Responsibilities
In Texas, you have a two-year statute of limitations from the date of the car accident to file a property damage claim. This means you must either settle your claim with the insurance company or file a lawsuit within two years of the accident date to recover damages.
When you file a property damage claim with an insurance company, they are legally obligated to adhere to certain timelines:
- Response within 15 Days: The insurance company must acknowledge your claim in writing within 15 days of receiving it. They may also request “proof of loss,” which can include repair estimates, photos of the damage, and other documentation.
- Claim Decision within 15 Days (after proof of loss): Once you submit the requested proof of loss, the insurer has another 15 days to either accept or reject your claim. This decision must also be communicated to you in writing.
- Payment within 5 Business Days (upon acceptance): If the insurance company approves your claim, they are required to send payment within five business days of their approval.
If an insurance company needs more time to investigate your claim and cannot meet these deadlines, they must notify you in writing within the initial 15-day response period, explaining the reasons for the delay. Following this notification, they are granted an additional 45 days to make a decision on your claim. This extended decision must also be communicated in writing, either approving or denying your claim.
When to Contact a Car Property Damage Lawyer
Dealing with insurance companies can be frustrating, especially when you’re already coping with the aftermath of a car accident. You might need to seek assistance from a car property damage lawyer if you experience any of the following issues:
- Unjustified Claim Delays: If the insurance company is taking an unreasonably long time to process your claim without providing valid reasons or written extensions, a lawyer can intervene to expedite the process.
- Unfair Claim Denial: If your property damage claim is denied, especially when you believe you have valid coverage or the other driver was clearly at fault, a lawyer can review the denial, investigate the reasons, and fight for your rightful compensation.
- Low Settlement Offers: If the insurance company offers a settlement that is significantly less than the actual cost of repairing or replacing your vehicle, a lawyer can negotiate for a fairer settlement, ensuring your losses are adequately covered.
If you’re facing difficulties with your car property damage claim, don’t hesitate to seek legal advice. Zinda Law Group’s attorneys are experienced in handling property damage claims and can help you navigate the complexities of insurance processes and fight for the compensation you deserve. Contact us today for a free consultation at (800) 863-5312.
Areas We Serve
Our expertise extends across various locations. Zinda Law Group was founded in Texas, with offices in:
- Austin
- Dallas
- Fort Worth
- El Paso
And we’ve expanded to Arizona and Colorado, including:
- Tucson, Arizona
- Denver, Colorado
- Colorado Springs, Colorado
Types of Cases We Handle
Our attorneys handle a wide range of personal injury cases, including:
- Car Accidents
- Truck Accidents
- Wrongful Death
- Gas Explosions
- Drug Injuries like Taxotere® Lawsuits
John (Jack) Zinda
Founder / CEO
Neil Solomon
Partner
Car accident damage assessment for insurance claim
Over 100 years of combined experience representing injured victims nationwide.
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Real results matter. You don’t pay unless we win your case.
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