Property Damage After a Texas Car Crash That Wasn’t Your Fault: What You Can Claim

After a crash, the first practical problem is usually the car. It may be sitting in a tow yard collecting storage fees, and you still need a way to get to work. If another driver caused the crash, Texas law allows you to recover your property losses, not just the repair bill. Here is what a property damage claim can include and how to protect it.

How do I get my car repaired or replaced?

You generally have two options:

1. A third-party claim against the at-fault driver’s liability insurance. If liability is accepted, that insurer should pay for your covered losses with no deductible.
2. A claim under your own collision coverage, if you have it. Your insurer pays for the damage minus your deductible, then may seek repayment from the at-fault driver’s insurer. That process can also recover your deductible.

Using your own coverage can be faster when the other insurer is slow to accept fault. Texas auto policies must also include personal injury protection (PIP) and uninsured/underinsured motorist coverage unless a named insured rejected them in writing (Tex. Ins. Code §§ 1952.101, 1952.152). Check your declarations page for what you have. Our checklist on what to do after a car accident in Texas covers the other first steps.

What can a property damage claim include?

Depending on the facts, a property damage claim may include:

• Repairs: the reasonable cost to repair the vehicle
• Total loss: the vehicle’s fair market value immediately before the crash, if it cannot reasonably be repaired
• Loss of use: a rental car, or the reasonable value of not having your vehicle, for the time reasonably needed to repair or replace it
• Towing and storage
• Personal property damaged inside the car, such as a child’s car seat, phone, laptop, or glasses

Loss of use applies even when a vehicle is totaled. The Supreme Court of Texas held that the owner of personal property that is totally destroyed can recover loss-of-use damages in addition to the property’s fair market value (J&D Towing, LLC v. American Alternative Insurance Corp., 478 S.W.3d 649 (Tex. 2016)).

What should I do to protect my property damage claim?

• Photograph the vehicle from several angles before repairs, along with any damaged items inside.
• Get your own repair estimate. You can compare it with the insurer’s estimate, and you can generally choose the repair shop.
• Keep every receipt for towing, storage, rentals, and replacement items.
• Move the car out of storage quickly if you can. Storage fees add up every day, and an insurer may dispute charges it considers unreasonable.
• Look up your car’s value using comparable vehicles for sale nearby if it is declared a total loss, and gather records of recent repairs, new tires, or upgrades.
• Read releases carefully. A property damage settlement should cover only property damage. Do not sign anything that also releases your injury claim unless you understand it and intend to do so.

Frequently Asked Questions

What if the insurer’s total-loss offer seems too low?

You can ask how the insurer calculated the value and provide your own comparable listings and records showing your car’s condition. Insurers often rely on valuation reports that may not account for options, mileage, or recent work. For the injury side of a claim, see why settlement calculators can’t value your case.

What if the at-fault driver has no insurance?

You may be able to use your own collision coverage or uninsured motorist property damage coverage, if your policy includes it. Your policy determines the deductible and limits that apply.

How long do I have to file a property damage lawsuit?

The general deadline in Texas is two years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003). It is better to act well before then, because evidence and records are easier to gather early.

Related reading

• What to Do After a Car Accident in Texas
• Why Car Accident Settlement Calculators Can’t Value Your Texas Case
• Finding a Car Accident Lawyer in San Antonio: What to Look For

Learn more on our Car Accident and Insurance Denied pages.

Talk With Caquias Law Group, PLLC

If you were hurt in a crash that wasn’t your fault, Caquias Law Group, PLLC can review your situation in a free consultation, including the property damage side of your claim. We have offices in San Antonio and Harlingen and represent injured people across Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.