What about the car?

What about the car?


You’ve just been in a car accident, you’re panicked and in a state of shock. The insurance company is already making your life difficult. If you are wise, you’ve hired an Austin car accident lawyer; now, reality slowly starts creeping in. Your lawyer has explained the personal injury process and you know what to expect. There’s just one last question: what about my car?


How will I get to work? How do I pick up my kids from school? How will I get to my doctors appointments and heal from this devastating injury?


If you’ve recently been in a car accident in Austin, TX, and are asking yourself these questions, you aren’t alone. The property damage aspect of the car accident is largely dictated by who was at fault. The following is a brief explanation of the property damage aspect of your Austin car accident claim:


If the other driver was at fault and is insured:

  • Their insurance company should inspect your damaged vehicle and determine whether it is repairable or a total loss.
  • If the vehicle is repairable, the at fault driver’s insurance company will pay for your car to be fixed and provide you a comparable rental vehicle or pay for your loss of use while the vehicle is being repaired.
  • If the cost to repair your vehicle is more than the “actual cash value” of the vehicle immediately before the damage, the insurance company will likely deem your vehicle a total loss. Tex. Transp. Code Sec. 501.091 (15).


If the other driver was at fault and is not insured /or/ if you were at fault:

  • If you were at fault for the accident or the other driver has no insurance, but you have collision coverage or Uninsured Motorist Insurance property damage coverage, you may make a claim on your own insurance policy. In this situation, your insurance company should repair your vehicle to its pre-accident condition.
  • You may have to pay a deductible when you make a claim on your own policy. However, your insurance company will try and recover its costs and your deductible from the other driver’s insurance company through a process called subrogation.


After a car accident, you can often feel overwhelmed by all the different aspects of the case. If you have been injured in a car wreck in Austin, TX, call one of our Austin Personal Injury Lawyers at Funk & Associates today.