Automobile Accidents

  Frequently Asked Questions

 1) What do I do Directly after an Accident?

 2) Who Pays for my Medical Care?

 3) What will happen to my Vehicle?

 4) Should I attempt to Negotiate with the Insurance Company myself?

 5) Who Decides Whether to Repair or Replace my Vehicle?

 6) How does the Insurance Company Decide what to Pay me for my Vehicle?

 7) What if I Still Owe Money on the Loan for my Car? 

 8) Where Will my Car be Repaired?

 9) Can my Vehicle be Repaired with Used Parts?

 10) What if my Vehicle already had a little damage before the Accident?   

 11) Who Pays Towing and Storage Costs?

 12) Who pays for the Cost of a Rental Car?  

 13) What Type of Rental Car may I Have?

1) What do I do directly after an accident?
You should first determine if everyone involved is safe and secure.  Even if everyone seems OK, you should call the police and possible an ambulance.  Medical care should be received as soon as possible.

You should next attempt to obtain as much information as possible.  We suggest that, at minimum, you obtain the following-

• Contact Information- you should get the name, address, and phone number of all parties involved in the accident (including passengers and drivers).  If possible you should also get their date of birth and drivers license number.

• Insurance Information- get all insurance information from the other driver.  Write down all of the information that is on their insurance card including, the name of the insurance company and the drivers account number.

• Vehicle Information- take down the make, model, and year number of the vehicles involved.  If possible, take pictures of the vehicles and the scene of the accident.  Take as many pictures of people, vehicles, and the scene as possible.

• Witness Information- take down the name, address, and phone number of any witnesses to the scene.  Ask them to give a statement to any police officers on the scene. 

• Accident Report Number- ask an officer for the accident report number. 

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2) Who Pays for my Medical Care?                                                                          Do not wait on insurance companies to receive necessary medical care.  If you are hurt or need assistance you should immediately seek medical attention. 

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3) What will happen to my Vehicle?                                                                    Often the other driver's insurance will quickly settle the property damage portion of a claim.  However, you do not have to accept their offer.  You also do not have to use their authorized repair centers.  You are authorized to have your vehicle repaired at the facility of your choice.  However, if you will be having the vehicle repaired before an insurance claims adjuster has an opportunity to personally view the damage, make sure that the extent of the claim is well document through pictures.  No matter what you decide to do, it is best to act as quickly as possible. 

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4) Should I attempt to Negotiate with the Insurance Company myself?              No.  Though you have a right to deal with insurance companies directly, you must keep in mind that insurance companies are businesses and employ trained professionals.  It is their goal to pay you as little as possible for your claim.  

Why would they do this?  Because Insurance Companies are in the business to make a profit.  They do not make a profit by paying out huge claims.  They make a profit by underpaying claims- and insurance companies are posting record profits.  

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5) Who Decides Whether to Repair or Replace my Vehicle?                       Generally, it is a matter of negotiation.  The insurance company has the right to total the car if they find that it would be more expensive to repair the vehicle than to replace it with another of equal value.  However, if you would like to retain the vehicle, your attorney may negotiate with the insurance company at the time of property settlement so that you may keep your vehicle.

Often times, however, you may wish to have a new vehicle but the insurance company will not wish to give you one.  Under this circumstances you must negotiate with the insurance company in order to have them 'total' the vehicle.

In either case, it would be best to contact our office so that we may assist you with your claim and represent you in reaching a property damage settlement.   

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6) How does the Insurance Company Decide what to Pay me for my Vehicle?     You should receive the fair market value of your vehicle as determined directly before the accident occurred.  The fair market value is what an average buyer would pay for the vehicle were you to have sold it in your area.  You may find the fair market value for your vehicle by looking at Kelly Blue Book or Auto Trader.

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7) What if I Still Owe Money on the Loan for my Car?                                              If you are in an accident and still owe money on a car loan, the car loan must be still be paid.  Often this loan is covered by the property settlement from the insurance company.  However, if more is owed on the car loan than the car is worth, then you are what is referred to as 'upside down' in your car loan.  Unfortunately, there is little to be done in this situation other than attempt to get the insurance company to increase their property settlement.  

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8) Where Will my Car be Repaired?                                                                       Wherever you want.  Under Texas law you have a right to decide where your vehicle will be repaired.  The insurance company, however, merely has to pay for the fair market value cost of repair as is decided by you, your attorney, and the insurance company.  

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9) Can my Vehicle be Repaired with Used Parts?                                                     Yes.   The mechanic may use refurbished or reconditioned parts in repairing your vehicle.  However, you do have the right to only have original manufacturer parts used in your vehicle. 

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10) What if my Vehicle already had a little damage before the Accident?                In order to recover from the insurance company, you must be able to prove that the damage to your vehicle was caused by the accident and did not previously exist.  This may be difficult to do on your own.  Quite often certain professionals may be employed in order to determine the difference between prior damage and new damage.  They may be used to convince the insurance company that certain damage did not exist prior to the automobile accident.  

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11) Who Pays Towing and Storage Costs?                                                             The insurance company for the driver who was at fault will generally pay towing and storage costs.  At the storage yard the vehicle can be evaluated by attorneys, claims adjusters, and professionals from our office and the insurance company.   

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12) Who pays for the Cost of a Rental Car?                                                          The insurance company for the driver who was at fault will generally pay towing and storage costs.  If there is a dispute over who is to blame for the accident, then you (or your insurance company) must generally pay all up front costs before the cause of the accident is determined.  You or your attorney should contact your insurance provider soon after the accident in order to determine if you have such coverage that will provide you with a rental car. 

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13) What Type of Rental Car may I Have?                                                             The insurance company must pay for the cost of a substitute vehicle.  There is often a dispute as to what constitutes as a substitute for the vehicle that you normally drive.  Basically, it should be a similar vehicle.

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