Who is paying for my car damage after an accident?

two black cars in a crash

Under Texas law, you have the right to repair your car at the body shop of your choice. The question of who is paying for my car damage after an accident depends on how fast you want your vehicle repaired. And if the at-fault party has accepted liability.

After an accident should I make a claim for my car damage on my own car Insurance?

When you are involved in an accident with another person, and the other person is at fault, they will pay to repair your car damage or total your vehicle. However, before they pay for anything they have to determine if their insured was at fault and is responsible for your car damage. Their investigation process could take up to 30 days depending on their insured’s cooperation, the duration it takes for the police report to get ready, and other factors. Therefore, if you have collision coverage on your own insurance policy, it is best practice to use your own insurance for faster results. Would the insurance company raise my premiums? My answer is usually yes, however, not for the reasons that you think and you have options to lower the premiums. (Better understand your insurance policy.)

How do I repair my car after I make an insurance claim?

Once you claim the car damage with either insurance company they will send an adjuster out to inspect your car.

  1. The adjuster evaluates the car damages and creates an estimate for the insurance company. You will notice that the estimate of your car damage from the adjuster is lower than the estimate provided by your body shop.
  2. There is no point to argue or and try to point out all the damages to the adjuster. The adjuster undervalues the repairs to benefit the insurance company and the body shop overvalues the repairs.
  3. In addition, the adjuster does not consider the car damages that are not visible to the naked eye. Therefore, it is important that your body shop opens the vehicle and inspects the car for additional damages.
  4. The body shop then will call the adjuster to come back to the body shop to supplement the car damage. If the damages exceed the value of the car the vehicle will be declared a total loss. (Learn More about the Total Loss Process.)

Who will pay for my rental car if my car is getting repaired?

If the at-fault’s insurance company is paying for your car damage, during the time that your vehicle is being repaired, you have the right to be in a rental vehicle. (Learn More about Loss of Use / Rental Car.) It is important that you follow up with the body shop on your repairs. The body shops have the tendency to get lazy and prolong your repairs. If the body shop prolongs the repair of your car damage you will be responsible for the rental days not covered by the insurance company. In the past when the body shop takes too long, I have asked the body shop to cover the additional rental days that the body shop does not cover.

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What Are the Main Contributing Factors to Texas Car Accidents?

There are many scenarios that may lead to a car accident. A driver may be distracted and run a red light, an animal may run into the road or a driver may be speeding. Looking at the most common causes of Texas auto accidents can help one understand what behavior to avoid and what to be on the lookout for in terms of driver negligence.

According to the TDOT, the following were the leading causes of Texas traffic accidents in 2019:

Failed to control speed: 32,155
Driver inattention: 19,126
Failed to drive in single lane: 10,835
Failure to yield – turning left: 5,246
Unsafe lane change: 37,523
Following too closely: 26,954
Faulty evasive action: 7,858
Failure to yield – stop sign: 21,598
Unsafe speed (under the limit): 9,148
Disregard stop sign or light: 22,500
Failure to yield – private drive: 3,589
Driving under the influence of alcohol: 5,108
Had been drinking: 6,774
Distraction in vehicle: 12,424

Texas Auto Accident Facts & Figures
Also according to the TXDOT, 3,773 people lost their lives in traffic accidents in Texas in 2016. This was an increase of nearly 5.45% from the previous year, in which 3,578 fatalities occurred.

TXDOT statistics from 2019 also reveal the following:

1 person was killed in a Texas traffic accident every 2 hours and 20 minutes
1 person was injured every 1 minute and 59 seconds
1 reportable traffic collision occurred every 57 seconds
265,076 people were injured in traffic accidents in Texas. 17,582 people sustained serious injuries
34.27 % of traffic fatalities were classified as “single vehicle, run-off-the-road crashes”
26% of the people killed in traffic accidents lost their lives in drunk driving accidents

Contact Personal Injury Lawyer Sean Chalaki for additional questions regarding your car damages and bodily injuries.









Our blog is a valuable resource for anyone who has been injured due to the negligence of another, as well as for anyone who is interested in learning more about personal injury law. Our articles cover a wide range of topics, including common types of personal injury cases, tips for staying safe, updates on changes to the law, and more.
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