Automobile Damage FAQ

Car Repair Questions

Can I control whether my car is repaired or replaced?
How is the market value of my car determined?
What if I am “upside down” on the loan for my car?
Can I choose my own repair shop?
What kind of parts will be used in the repair?
What if my car already had some damage before the accident?
Will I have to pay the towing and storage costs?
What about license and registration fees that I had to pay to drive the car?

Rental Car Questions

What if I need a rental car? Do I have to pay for it while my car is being repaired?
What kind of rental car am I entitled to?
Should I purchase any extra insurance on the rental car provided to me?

Can I control whether my car is repaired or replaced?

That largely depends on which option will cost your insurance company less money. If it costs less to replace it, the company will need to declare your vehicle a total loss before the replacement process takes place. The process involves the company buying your car for its market value (see next question).
Some owners, for whatever reason, wish to retain their vehicle. If this is the case, you will need to purchase it back from the insurance company for its salvage value; then, the insurance adjuster will deduct the salvage value from the settlement and the car again becomes your property. 
If the insurance company chooses to repair the vehicle instead, contacting a lawyer is still an important measure to ensure your protection, as there is no guarantee that the post-repair vehicle condition will not be compromised. Contact our office to discuss your options.
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How is the market value of my car determined?

You are entitled to recover your vehicle’s fair market value or actual cash value as it stood immediately before the accident. To determine this figure, consult the Kelley Blue Book. In some cases, an expert vehicle appraiser is used to help prove the value of your vehicle.
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What if I am “upside down” on the loan for my car?

If you owe more money on your vehicle loan than the car is worth, keep in mind that the insurance company is not required to pay you any additional money. They are only obligated to pay you the fair market value of the car. 
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Can I choose my own repair shop?

Yes. You always have the right to decide who will repair your vehicle; however, the cost of the repair is not always determined by the estimate given by the repair facility of your choosing.
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What kind of parts will be used in the repair?

You have the right to demand that only original manufacturer parts be used in the repair; for example, if your car is a Pontiac, you should receive genuine Pontiac (GM) parts. However, be prepared for the possibility that refurbished or reconditioned parts will be used, particularly if your car was not new when the accident occurred.  
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What if my car already had some damage before the accident?

If your vehicle had damage to it prior to the accident, it can be difficult to determine exactly what portion of the damage was caused by the accident itself. If the vehicle indicates substantial wear and tear, the insurance company may indeed claim that various damages existed prior to the accident.
In this case, any damages that you claim from the accident will need to be proven. Ordinarily, mechanics and collision repair personnel can help to prove the age of body damage or the cause of a mechanical failure. You will need to request the mechanic’s documentation to convince the insurance company that the auto accident caused the damage you are claiming.
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Will I have to pay the towing and storage costs?

Assuming there is no dispute regarding the cause of the accident, the insurance company for the driver who caused the accident will pay the reasonable towing and storage costs (if necessary) of your car.
Later, if the insurance company declares the car a total loss, they will have the car moved to a wrecking yard or a free storage area. If for some reason you refuse to allow the insurance company to move your car, storage and towing costs become your responsibility from that day forward.
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What about license and registration fees that I had to pay to drive the car?

You are entitled to be reimbursed for the prorated amount of the unused tags and registration. The insurance company should also reimburse you for tag transfer fees; and in some cases, a prorated amount of sales tax on the actual cash value of the car at the time of the accident.
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What if I need a rental car? Do I have to pay for it while my car is being repaired?

If you caused the accident or there is a dispute over the cause, your choices are: 1.) Pay for the rental car yourself, or 2.) Seek coverage under your own insurance policy (if rental coverage is available). Many insurance contracts do not provide for rental coverage for their own customers, so you will need to inquire about this as soon as possible.
If the other driver is at fault, we will demand that his/her insurance company provide you with a rental car for the time needed to repair your vehicle. However, you may need to pay for the rental car first, and await reimbursement from the other driver’s company.
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What kind of rental car am I entitled to?

The insurance company has to pay for the reasonably incurred rental cost of a substitute vehicle. What qualifies as a “substitute” vehicle? A vehicle of similar quality, within the confines of what is available for rent.
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Should I purchase any extra insurance on the rental car provided to me?

Your own insurance policy should cover you while driving the rental car, but you should call your insurance agent to be sure. The other driver’s insurance company is not required to pay for additional insurance if you choose to purchase it from the car rental company.
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Victims of automobile accidents are entitled to fight for compensation. For questions regarding suing after an auto accident, contact our Texas law firm for a free legal consultation.

In all automobile accident cases, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Law Offices of Regis Mullen & Shane Mullen, Inc. now at (214) 747-5240 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM.