Bemis, Roach and Reed Legal

What can I recover for the damage to my vehicle?

You have the right to recover the cost of repairing your vehicle. You have the right to choose the repair shop and the brand, type, kind, age, or condition of parts or products used to repair your vehicle. Although the insurance company for the responsible driver may perform an estimate of the cost of repair, you should also have an independent body shop perform an estimate of the damage. Most body shops will do this free of charge.  Most disputes involving damages to vehicles not totaled concern the parts used to make the repair and storage charges if the vehicle has to sit for a long period of time before it is repaired.   If the parts that are being replaced are key components to the crashworthiness of the vehicle, you should insist on original parts which have been crash tested by the manufacturer.

If the cost of repair is more than the pre-accident value of the vehicle, you are entitled to recover the pre-accident value of your vehicle plus the amount you would pay in sales taxes and title transfer fees to purchase a vehicle of the same value.   Storage charges can also become an issue if the vehicle sits in a lot that charges storage.  Therefore, it is best to work with the insurance carrier to have your vehicle removed to a site that does not charge storage fees.

If the cost of repairing your vehicle does not exceed the value of your vehicle, you are also entitled to loss of use damages.  Loss of use damages are usually considered to be the cost of renting an equivalent vehicle for the period of time that it reasonably takes to have your vehicle repaired.  You should note that insurance companies differ as to whether they will allow the rental car company to bill the insurance company directly as opposed to you having to pay the rental car bill yourself and then getting reimbursed.  Most rental car disputes relate to the cost of the rental car and the duration of the rental.  Therefore, it is best to address these issues with the insurance company early on.

You should also note that under current Texas law, the negligent third party and their insurance company have no legal obligation to reimburse you for a rental car if your car has been totaled.  Most insurance companies will provide rental insurance for a brief period of time even when the vehicle is totaled, but you should be aware that your right to rental car reimbursement in this situation is limited at best.

For more information on these issues click on this link to Bemis, Roach and Reed's web site.