What Should I Do If I’ve Totaled My Car in Texas?

No one leaves home expecting to get into a catastrophic auto accident with severe vehicle damage. Yet, every day, people get into major car accidents in Texas. Many of these collisions leave vehicles totaled – total losses, with damage too severe to be worth repairing. If a car crash totals your vehicle in Texas, take a few steps to protect your rights and obtain fair compensation.

Call 911 as soon as possible to report a serious auto accident in Texas. A serious accident is one that causes bodily injuries, deaths or more than $1,000 in property damages. If you suspect your car is totaled, it will most likely equal more than $1,000 in damages. Call the police from the scene of the collision in this case. Do not admit fault for the catastrophic accident to police officers. Request paramedics if you or anyone else has injuries. Write down your police report number before you leave the scene.

Take photographs of the scene of your crash, including close-up shots of your vehicle damage, if you can. Have someone take photos for you if you have injuries that require emergency care. Photo and video evidence from the scene of the car crash could help you build a claim for damages later. The at-fault driver’s insurance company may wish to see photographic evidence of the extent of your vehicle’s damages. If you cannot get pictures at the scene, take some of your property damage later.

Texas’ fault-based insurance laws mean you will call the provider of the driver that caused your car accident to report your damages and file a claim. Exchange information with the other driver at the scene, if you can. Otherwise, use the police report to contact the at-fault driver and obtain his or her insurance information. Call the insurance company right away to make sure you meet the policy’s time limit for reporting.

Follow the directions for filing a claim and ask if you need to tow your vehicle to a specific auto shop. Some insurance companies require claimants to bring their vehicles to pre-approved mechanics. Others have no requirements. Find out how the insurance company wants you to proceed. In most cases, the insurance company will send a claims adjuster to see your wrecked vehicle in person.

It will be the mechanic who officially pronounces your vehicle a total loss. A total loss means the value of your vehicle is less or the same as what it will cost to repair your vehicle. This will generally make it not worth repairing. You will typically need to replace a totaled vehicle rather than paying for repairs. Get documentation from the mechanic stating your vehicle is a total loss. Then, work with the at-fault driver’s insurance company to arrange a rental vehicle. Many insurance policies will cover the costs of a vehicle rental while you negotiate your claim and shop for a new car.

If your car is a total loss, you may have to fight for fair compensation from the insurance provider. Insurance companies often try to convince claimants to settle for lower values than the true amounts their vehicles are worth. In Texas, Transportation Code section 501.091 states that the fair market value of a wrecked vehicle is its pre-accident value. The insurance company should, therefore, offer an amount that matches the pre-crash value of your vehicle. You might have to reject the insurance company’s first few settlement offers and negotiate for a better amount based on the pre-accident NADA or Kelley Bluebook value of your vehicle.

Contact a Texas car accident attorney if you totaled your vehicle in a recent auto accident. Insurance companies historically estimate low values for total loss property damages. An attorney can help you negotiate with an insurance provider to obtain a reasonable amount for your totaled vehicle. A lawyer will understand state laws and know how to argue for damages in a way that will force insurance companies to listen.

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