What Does Property Damage Cover in a Texas Car Accident?
Property damage covers the physical loss to your vehicle and belongings caused by someone else’s negligence. It is part of your economic damages. In a Texas car accident claim, it can include:
- Repairs: the reasonable cost to fix your vehicle
- Total loss: the vehicle’s actual cash value just before the crash, when repairs would cost more than it is worth
- Loss of use: a rental car, or the reasonable value of being without your vehicle while it is repaired or replaced
- Diminished value: the drop in resale value of a repaired vehicle with a crash history
- Towing and storage fees
- Personal property: phones, laptops, car seats, tools, or other items damaged in the crash
Who Pays for Property Damage in Texas?
Texas is an at-fault state, so the driver who caused the crash, through their liability insurer, pays for your property damage. Texas drivers must carry at least $25,000 in property damage liability coverage (Transportation Code §601.072).
Other sources may help:
- Your own collision coverage, minus your deductible
- Uninsured/underinsured motorist property damage coverage, if you bought it
- Rental reimbursement coverage on your own policy
How Property Damage Claims Work
Most property damage claims move faster than injury claims. The usual steps:
- Report the crash to both insurers and photograph all damage.
- Get a repair estimate from a shop you choose; Texas lets you pick the repair shop.
- Review the adjuster’s estimate or total-loss valuation against comparable vehicles.
- Keep receipts for rental, towing, and replaced items.
Do not sign a release that covers “all claims” if you were also injured. A property-only settlement should not waive your injury claim.
Deadline and Disputes
You generally have two years to file a property damage lawsuit. Common disputes include low total-loss values, refused diminished value, and arguments that you share fault, which reduces recovery under Chapter 33. If you were hurt in the crash, a free case review can help with both the vehicle and injury claims.
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Frequently Asked Questions
What does property damage cover in a Texas car accident claim?
It covers repairs to your vehicle or, if the car is totaled, its actual cash value before the crash. It can also include a rental car or loss of use, the reduced resale value of a repaired vehicle, towing and storage, and personal items damaged in the crash, such as a phone, laptop, or child car seat.
What is the statute of limitations for property damage in Texas?
Two years from the date of the damage under Civil Practice and Remedies Code §16.003. If you do not settle or file a lawsuit within that time, you usually lose the right to recover. Claims against a government entity can require written notice much sooner, often within six months.
Should I use my own insurance or the other driver's for car repairs?
Either can work. The at-fault driver's liability insurer owes for your damage, but it may delay while it investigates. If you have collision coverage, your insurer can pay now, minus your deductible, and then seek repayment from the other insurer. Your deductible is often recovered through that process.
Do I need a lawyer for a property damage claim?
Many property-only claims settle directly with the insurer. A lawyer is more useful when you were also hurt, when the insurer disputes fault, undervalues a total loss, or refuses loss-of-use or diminished value. Handling the vehicle and injury claims together also keeps your statements consistent.
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