Car Accidents: Property loss
This is a follow-up to our recent blog on Car Accidents: Property loss, which we encourage you to read to learn more about how the property loss portion of an accident claim is handled. This blog will provide insight into how the property loss is dealt with when the vehicle is not a total loss and can be repaired.
Should I send my Car to the mechanic that the insurance company recommends?
In the most vital possible wording – BEWARE! Following an accident, the innocent party often does not know what to do or where to send their Car for repairs. Sounds like a good neighbor, right?
Unfortunately, as Houston Injury Lawyers has seen over the years, many insurance companies have “preferred” auto body shops or “Direct Referral Programs.” The dirty secret is that these auto body shops have agreements with insurance companies to make repairs in a certain way to keep the costs low for the insurance company. More jobs, less profit per job for the mechanic. But still more profitable because of the number of vehicles referred to the auto body shop.
The problem with these agreements is that it allows the insurance company to dictate and expedite repairs – often deviating from manufacturer recommendations for specific maintenance.
At Houston Injury Lawyers, we had a case where a client’s side-view mirror was damaged in an accident. The auto body shop glued it back on with a JB weld-type substance. A few good rainstorms later, the mirror fell off their car while driving on the highway and caused damage to a vehicle following close behind it. The client had taken their vehicle to the insurance company’s recommended mechanic for repairs following an accident. Repairs are often rushed (more on why below), and using inferior, not original equipment manufacturer parts can cause a dangerous situation. Property loss accident lawyer
Can I use my mechanic for repairs?
YES! And yes, you should take your vehicle to a mechanic you trust to make the repairs. And it is okay to ask your mechanic if they are a “preferred” vendor of the insurance company paying for the repairs. They don’t have to tell you, but be wary of any mechanic that won’t answer your question with a simple “No.” Insurance Companies want t make it seem like you have no choice regarding where to take your vehicle to be repaired following an accident. But you have the right to choose your mechanic in Texas.
Insurance companies make it seem like you have no choice where to take your vehicle to get repairs made after an accident. But in Texas, the law is clear that within three business days following the report of an accident. The insurance company is supposed to send you a written notice stating that you have the right to choose your mechanic following an accident. However, the insurance company only has to pay the “reasonable” cost of the repairs. So it would be beneficial to get several quotes for the repairs before choosing a shop.
Loss Of Use
In Texas, you can also request additional damages from the insurance company for the loss of use of the vehicle due to the accident. However, it sometimes can take the form of bus money, uber, Lyft, etc., for those who may not be able to rent a vehicle or other extenuating circumstances. Sometimes, the company must temporarily lease another car in a commercial vehicle–for example, a delivery truck. This would be a loss of use damage. Property loss accident lawyer
Diminished Value
Also, in Texas, you should recover from another insurance company and the cost of the repairs and diminished value. There is no set way to prove this loss in value, and it will be a negotiation. One way of obtaining evidence of the loss in value is to run a Kelly Blue Book value on the vehicle as if it was not in an accident, then run again with the accident reported. This will indicate the loss in value – but it is “some” evidence – not “conclusive evidence.” It will be a negotiation.
We assist our clients with the property portion of their claims and injuries. And don’t delay. Get a free consultation today! We don’t recover until you recover.
* At Houston Injury Lawyers, our clients are our family. As personal injury attorneys in Houston, Texas, we work to help our clients and their families recover from their injuries. Tip the balance of justice into your favor by hiring us. For a free consultation, contact us at (713) 366-HURT or visit us at www.houinjurylawyers.com.
(713) 366-HURT (4878)
Proving the legal elements with clear and convincing evidence is a daunting task. Houston Injury Lawyers, PLLC, can help you navigate this issue and answer any questions you may have. Se Habla español.
Houston Injury Lawyers, PLLC
We have the experience and resources necessary to guide you and your family through the civil court proceedings. Your injury claim will entail and help you approach the situation with great confidence and understanding.
Contact us to schedule a free case review and find out how our firm can assist in your recovery.
State of Texas
They are pursuing a personal injury lawsuit in Texas that allows victims to recover their damages and seek compensation for their pain and suffering.
