If you have been involved in a car accident you want to get your vehicle fixed as quickly and easily as possible. Even if the wreck wasn't your fault, you should still notify your own insurance company. You actually have a duty to notify them any time you are in a collision anyway, but it can actually help speed up the process of getting your car repaired – and can make the claims process a lot easier too.
However, using your own insurance company to repair your car will mean that you will be charged a deductible. If the other driver is indeed at fault, your company will go to the other driver’s insurance company and collect the money it spent on repairing your car. In doing so, state law requires that it also recover your deductible for you. Therefore, assuming you are not found at fault and the other driver had car insurance, you eventually will receive your deductible back after a few months.
The insurance company that is actually responsible for paying to repair or replace your vehicle depends on who was at fault for the accident and what kind of insurance coverage you carry on your own car. You will need to confirm what kind of coverage you have on your vehicle when you call in your claim. If you carry collision coverage on your vehicle, then I suggest you go ahead and instruct your company to repair or replace your car. It is my experience - at least with property damage claims - that your own company will treat you better and deal with your claim faster than the other driver’s insurance company, because you have been paying premiums to it every year. The company has a duty to treat you fairly. Plus, if you have collision coverage, your own company must repair and/or replace your car regardless of who was at fault. If you carry rental coverage on your vehicle, your own car insurance carrier may also be able to get you in a rental car faster than the other insurance company.
On the other hand, the other driver’s insurance company owes no duty to you whatsoever and won’t even get moving on repairing your car until it is are absolutely sure that it was their client that caused the wreck. Oftentimes, the other driver’s insurance company moves very slowly in conducting its own investigation and sometimes it will just flat out deny your claim based on the story it hears from its own insured.
For more information on making a property damage claim in Texas, please request a complimentary copy of my book Texas Property Damage Guide.
The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.
If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.
Contact us online nowor call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.
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