Anthony J. Milano

How do insurance companies decide to total a car in Texas? The short answer is insurance companies can choose to repair your car up until the cost to repair exceeds the fair market value of your vehicle. However, insurance companies will usually total a vehicle when repairs exceed 50% – 75% of the value.

It’s important to know whether the insurance company will be totaling your car after an accident. First, it gives you the opportunity to get an early jump start on researching comparable vehicles to present to the insurance company in order to increase your offer on the actual cash value of the car. Second, it will give you more time to shop for a replacement vehicle while the insurance company performs their investigation and estimate of the damages. Third, it may help to avoid accruing additional costs such as storage fees that the insurance company may refuse to pay if you failed to properly mitigate your damages by leaving your car at a storage facility for an unreasonable amount of time.

Texas Law on When a Car is Totaled

Texas law mandates how insurance companies determine when to total a vehicle and provides a formula, as indicated in the Texas Transportation Code. According to Texas Transportation Code Section 501.091(15), a salvage or “totaled” vehicle has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage. In other words, the Texas total loss formula to determine whether a damaged vehicle must be a total loss is:

Cost of Repair > Actual Cash Value

If the total cost of repairs is greater than the actual cash value (ACV) or market value of car, then the insurance company will total the car. For example, if your 2008 Honda Accord has an actual cash value of $4,500 and the cost to repair it is $5,000, then your car would be totaled.

$5,000 > $4,500

Please keep in mind that insurance companies may decide to total a vehicle when the damages are less than the actual cash value. The Texas Transportation Code just provides a damage threshold in which a vehicle will be considered totaled.

Texas courts have also examined when a vehicle is totaled. In Canal Ins. Co. v. Hopkins Towing, No. 12-06-00411 (Tex. App.-Tyler 2007), the court ruled that a vehicle “is a total loss if a reasonably prudent uninsured owner, desiring to restore the property to its preincident condition, would not utilize that property for such restoration. Logic dictates that, absent other factors, a reasonably prudent uninsured owner would not repair a vehicle where the repair costs exceeded the vehicle’s preincident fair market value.” The court’s rationale in this case reinforces the Texas Transportation Code’s definition that a vehicle is totaled when the cost of repair exceeds the fair market value.

Click to book a free case evaluation with a Houston car accident lawyer today.

For tips on how to handle your own car accident property damage case in Texas, click here.

Who pays for towing and storage after an accident? If your car was towed because of an accident in Texas, you may be wondering who pays for towing and storage. Of course, the answer will depend on the facts of your case, such as whether another driver or you caused the accident. Also relevant in answering this question is whether insurance covers towing and storage after an accident. The short answer is “yes,” towing and storage is covered under most car insurance policies. But, to know for sure whether insurance will cover these fees, you will need to know whether the at-fault driver has insurance, and whether you have “full coverage” insurance. In addition to answering who will be paying for towing and storage fees after a car accident, it’s also important to discuss the following related questions:

• What can I do if the insurance company won’t pay towing or storage fees?
• What are the car storage fees after an accident?
• The police towed my car after an accident. How can I find it?

Who Pays for Towing and Storage After an Accident?

Who pays for your towing and storage fees after a car accident depends on who was at-fault for the accident. In addition, whether there is insurance coverage to pay for the towing and storage fees will be relevant in determining who will pay.  Three scenarios are discussed below:

Scenario 1: If The Accident Wasn’t Your Fault And The At-fault Driver Has Insurance

According to Texas Occupations Code Section 2303.156(b), “an insurance company that pays a claim of total loss on a vehicle in a vehicle storage facility is liable to the operator of the facility for any money owed to the operator in relation to delivery of the vehicle to or storage of the vehicle in the facility regardless of whether an amount accrued before the insurance company paid the claim.” So, if your vehicle is totaled and you were not at fault, the insurance company must pay towing and storage costs as well. However, in cases where your car was not totaled or where liability is still pending you can either use you own insurance, if you have towing and storage coverage, or you can pay out-of-pocket, save the receipts, and then submit these expenses to the at-fault driver’s insurance company for reimbursement.  Once they accept liability for the accident, they will reimburse you or your insurance company for what was paid for towing and storage.

Scenario 2: If The Accident Wasn’t Your Fault And The At-fault Driver Doesn’t Have Insurance, Doesn’t Have Enough Insurance, Or Was A Hit-and-run

If you have uninsured / underinsured motorist coverage for property damage (UMPD), you can file a UMPD claim with your own insurance company.  This will cover the damage to your car, towing and storage fees, and a rental car.  There is a deductible of $250 to use this coverage. Also, it is your insurance company’s burden to determine whether the at-fault driver had insurance in a Texas UMPD claim.

If you don’t have UMPD coverage and have collision coverage, you can use this coverage to pay for the damage to your car, towing and storage fees, and a rental car. However, the deductible will usually be more than if you used UMPD coverage.

Scenario 3: If The Accident Was Your Fault

If you have collision coverage and/or towing and storage fee coverage with your own insurance, you can file a claim with your own insurance company.  If you don’t have this coverage, double check by calling your insurance company. If they confirm that you don’t have this coverage, make sure you act quickly and retrieve your vehicle from the storage lot before the storage fees get out-of-hand.  If you leave your car in the storage lot for an extended amount of time and do not pay the fee, after proper notice is sent to you, the storage lot will eventually sell the car through a public sale, with the proceeds from the sale going towards the towing and storage fees.  Any remaining amount may be paid to the vehicle owner.

What Can I Do If The Insurance Company Won’t Pay Towing Or Storage Fees?

The at-fault driver’s insurance company usually won’t pay towing and storage fees for several different reasons. We will discuss the most common reasons and some solutions below:

The At-fault Driver Was Uninsured Or Underinsured

If the at-fault driver was uninsured, meaning they didn’t have an active auto liability insurance policy in affect at the time of the accident or didn’t have enough insurance to cover the damage to your vehicle and the cost to tow and store it after the accident, you can use your own insurance to cover these expenses. As discussed above, you can use either your uninsured / underinsured motorist property damage (UMPD) coverage or your collision coverage. This also applies if you were involved in a hit-and-run.

The At-fault Driver’s Insurance Company Has Not Determined Liability

Depending on the facts of the accident, the insurance company may take their time to investigate the accident to determine who was at fault for the accident and whether their insured was covered at the time of the accident. This usually happens if the liability isn’t clear cut, such as in a left-turn collision at an intersection or when more than one party is at fault. If the accident involves clear cut liability, such as in a rear-end accident, liability is usually more promptly accepted. If they are slow to respond, hiring a car accident lawyer will encourage them to act more quickly.

You Were Fully At-fault Or Partially At-fault (More Than 50%) For The Accident

As in Scenario 3 above, if the accident was your fault, you can file a claim with your own insurance company under your collision coverage. If the insurance company determined that you were 50% or less at fault, you will still be entitled to some of your towing and storage fees. Texas is a “modified comparative fault” state. This means that if you are 51% or more at fault for an accident, you are totally barred from recovery. If you are 50% or less at fault, you can still recover a proportion of your damages. For example, if the insurance company determined that you were 50% at-fault for the accident, they would pay only 50% of your damages, and this includes towing and storage fees. Overcoming the partial liability hurdle can be a challenge. Documenting the facts of the accident with notes and photos, getting a copy of the crash report, and obtaining witness statements can help to build your case in order to refute the insurance company’s liability determination. However, it’s always best to seek the advice of a Texas car accident attorney in these situations.

What Are the Car Storage Fees After an Accident?

According to Texas Administrative Code Section 85.722, there are limitations on the amount that a vehicle storage facility can charge in Texas. They must charge between $5.00 and $20.64 per day or part of a day for a car that is 25 feet long or less.  If the car is longer than 25 feet, the storage lot must charge $35.11 per day.

There are also limitations on towing fees in Texas. The maximum amount that a towing company can charge for towing is:

• $255 for a car weighing up to 10,000 lbs.
• $357 for a car weighing more than 10,000 lbs. but less than 25,000 lbs.
• $459 per unit for cars weighing more than 25,000 lbs. with a $918 total maximum.

The Police Towed My Car After an Accident. How Can I Find It?

If the police called the towing company to have your car cleared from the roadway or you were transported to the emergency room immediately after the accident and don’t know where your car was towed, you can call the police department that arrived on the scene of the accident or get the crash report to see where it was taken.

FIND OUT HOW TO GET YOUR CRASH REPORTS BELOW:

• Harris County
• Dallas County
• Fort Worth
• San Antonio

For more information on handling your property damage case in Texas, click here.

For more consumer information about towing in Texas, visit the Texas Department of Licensing and Regulation’s (TDLR) website regarding tow trucks, operators, and vehicle storage facilities, click here.

According to the Texas Department of Transportation, there were 14,282 serious injury crashes in Texas in 2017 alone, with 17,535 people sustaining a serious injury. These harrowing statistics translate into the following: One person was killed every two hours 21 minutes, one person was injured every two minutes four seconds, and one reportable crash occurred every 59 seconds that year. Even the safest of drivers can not control the actions of other motorists, and when someone else’s negligence causes a car accident, the physical and financial aftermath can be devastating.  Contacting the Milano Legal Group will help you understand your rights.

Texas Legal Requirements

If you have been injured in a car accident in Texas, you should follow these steps to ensure your rights are protected.

• Seek Medical Attention: Your health is your greatest asset, and needs to be protected first. Call for emergency medical services at the scene if anyone has been injured. If you do not believe you have been seriously injured, you still need to have an official medical evaluation done by a doctor, nurse, or another medical professional. This is not only important for your own health, but this official medical evaluation can be important and significant to your legal case. Additionally, it is important for you to document any symptoms starting from the initial car accident through to the present. Documentation of your injuries and keeping a file of your medical visits is important if you decide to file a personal injury claim.
• Contact the police: Get the police to the scene of the accident so they can create a police report. If you do not contact the police immediately, you are required by law to file an accident report with the appropriate police department. Texas law requires you to file a Crash Report within 10 days after the accident if the police were not called to the scene of an accident and the accident resulted in either the injury or death of a person or property damage that is greater than $1,000. That police report may prove valuable to your future personal injury case.

• Exchange Information: Attempt to obtain the personal identification, vehicle identification, and insurance information of all other drivers involved. Additionally, exchange information with any witnesses, if possible.
• Document the Accident: If possible, take photographs of the accident scene, any injuries you may have suffered, the weather and road conditions, and any other pertinent information. This documentation can prove useful later if you choose to file a lawsuit.

Texas Car Insurance

Texas is considered a “fault” insurance state, which means that you do not file with your own car insurance first, but rather, you may file an insurance claim directly with the other driver’s insurance if he or she was at-fault in the accident. This law allows every driver to be held personally liable for any damage that he or she may have caused. You should file a claim with your insurance company as soon as is reasonably feasible.

Filing an Insurance Claim

According to the Texas Insurance Code Section 542.003, Texas law requires that insurance companies not engage in inappropriate or unfair claim settlement practices. Insurance companies are not allowed to misrepresent any facts or parts of your insurance policy or attempt to negotiate a settlement with you in bad faith.

However, even with this law in place, insurance companies have teams of people working hard on their side and do not have your best interests in mind as they create settlement agreements.  Take an abundance of caution before signing a settlement that waives your rights to future compensation that you are owed. Working with an experienced car accident attorney who can compile accident reports, witness statements, police reports, medical claims, and other evidence can help strengthen your case and prevent you from accepting low-ball settlements from the insurance companies.

Car Accident Settlement Amounts

There is no specific amount or actuarial table that can directly calculate the amount that your car accident will ultimately be worth, but hiring an experienced car accident attorney can help you understand your rights regarding how much compensation you may be owed. There are many factors that are involved in the determination of a settlement, including:

• The severity of the car accident, and the severity of your personal injuries
• The cost of medical expenses, both already incurred and possible future expenses
• Lost wages, and potential future loss of wages
• Insurance coverage of both parties
• If you were partially at fault for the accident (Texas follows a “modified comparative negligence” doctrine.)
• Amount and quality of documentation
• The ability of your attorney to successfully negotiate your settlement or argue your case in court.

Texas Statute of Limitations

A “statute of limitations” refers to a law that limits your time to file a lawsuit. If you fail to file a personal injury claim by this deadline established by Texas law, then the Texas courts will not hear your case and potentially dismiss it. Texas statute of limitations laws are quite strict, and according to the Texas Civil Practice & Remedies Code Section 16.003, the deadline to file a claim in a personal injury case related to a car accident is within two years of the date of the accident.

Contact an Attorney

If you have suffered personal injuries due to a car accident in Texas, contacting an experienced car accident attorney should be one of your first steps. The statute of limitations laws in Texas is short and quite strict. Filing your claim within that time limit is vital to ensure that you do not lose the ability to obtain the compensation you are owed due to the negligence of another.

Working with an experienced car accident attorney at the Milano Legal Group will help you understand your rights. Our legal team can compile accident reports, witness statements, police reports, medical claims, and other appropriate evidence to not only help strengthen your case and ensure that you file in a timely manner, but also help you obtain the compensation you are owed.  Car accidents are guaranteed to affect you emotionally, physically, and financially. The laws governing car accidents in Texas are complex and challenging to navigate without any type of legal assistance. Call the Milano Legal Group today at 855-545-1777 for your free consultation and to find out how our legal team can help you.

A total of 640 people died last year on Houston-area roads, trailing only Dallas as the deadliest major metro area in the nation.

If you or a loved one has been involved in an accident in the metro Houston, it is critical that you get a copy of your Harris County crash report.

Whether or not you were injured, obtaining this form is critical should you pursue a personal injury claim.

Your Houston car accident attorney will want to review the accident report as part of their investigation and will use it to build a strong, convincing case on your behalf.

How to Get Your Harris County Sheriff’s Department Accident Report Online

Harris County accident reports can be obtained online at the Harris County Sheriff’s Department website for $6.00.

A certified copy can be ordered for $8.00.

To order your online accident report, you will need to provide the following information:

• State
• Jurisdiction
• And one of the following:
  • Report Number
  • Last Name
  • Date of Incident
  • Location
  • Street Name(s)

How to Get Your Harris County Sheriff’s Department Accident Report In-Person

You may visit any of the below locations to purchase a report:

• District 1 Substation
  • 6831 Cypresswood, Spring, Texas 77379
  • P: 832-927-2997
• District 2 Substation
  • 7900 Will Clayton, Humble, Texas 77338
  • P: 281-446-9155
• District 3 Substation
  • 14350 Wallisville, Houston, Texas 77049
  • P: 713-455-8050
• District 4 Substation
  • 16715 Clay Rd., Houston, Texas 77084
  • P: 832-927-7200
• District 5 Substation
  • 23828 Tomball Pkwy., Tomball, Texas 77375
  • P: 832-927-2140

After You Get Your Harris County Accident Report, Get Help with Your Case

If you need assistance in obtaining your report or seeking justice, contact the Milano Legal Group today for a free, no strings attached case evaluation.

Being involved in a car accident is a scary, confusing, and often painful experience.

There are a multitude of things that you must consider and focus on immediately after an accident, such as medical treatment, rental cars, your job, and your family. Remembering to file a claim for injuries can fall down the priority list, but it is critical that you file a claim in order to receive compensation for your damages after a crash.

Texas law provides only a small window in which you can file a lawsuit for your injuries after an accident and securing the services of an experienced Houston car accident lawyer will ensure that your claim is preserved in court.

To learn more about how long you have after an accident to file a case, call or contact the professionals at the Milano Legal Group in Houston today.

Texas Statute of Limitations

In order to avoid buildup in the court system and to avoid lawsuits being filed long after the initial incident, all states have limits on how long a person has to file a lawsuit for damages in court.

This is known as the statute of limitations, and failure to file a claim within the statute of limitations can result in your case being thrown out of court. This bars you from recovering compensation for the injuries sustained in an accident that was not your fault. In Texas, all personal injury cases, including car accident cases, have a statute of limitations of two years from the date of the accident in which to file a claim.

The two-year limit applies to all types of vehicle accidents where a person is injured, including car, truck, and motorcycle accidents. However, there is one exception to the two year rule, which occurs when the accident involves a state government entity. If the accident involves a state entity or government employee, you must first file a claim with the government within six months of the original accident. Failure to do so can invalidate your case for damages even if you file a lawsuit in court within the two-year statute of limitations.

An experienced personal injury attorney will be able to review your claims to ensure that all procedural requirements like the statute of limitations are met in order to secure your case.

It is important to note that the statute of limitations does not require that the entire court case be settled within two years of the accident, merely that the case is filed in court to preserve the claims. Depending on the complexity of your car accident case, settlement could happen much quicker or take longer than the two years limitations windows.

Talk to Our Office Today

At the Milano Legal Group, we pride ourselves on making the case process as easy and painless as possible for our clients that are already suffering from injuries inflicted in an accident. To schedule a free consultation of your claims, call or contact our office in Houston today.

One of the most common questions our clients involved in auto accidents ask is how much their settlement is worth, and how often auto accident settlements exceed the policy limits in Texas.

The answer, like many questions asked about the law, is that it depends. While it is possible for a settlement to exceed the policy limits, it does not happen very often. There are complex rules about collecting personal injury settlements that exceed insurance policy limits that only an experienced auto accident attorney should handle.

For perspective on your case, schedule a free consultation with a knowledgeable attorney at the Milano Legal Group in Houston today.

Texas Auto Insurance Policy Limits

Texas law requires that all drivers maintain auto insurance on their vehicles that includes liability coverage in case of an accident. The minimum limits for liability coverage are $30,000 for bodily injury to a single person, $60,000 for bodily injury for any one accident, and $25,000 in property damage coverage.

It is possible to obtain more coverage than the minimum coverage amounts, but it is completely dependent on the driver. In a typical car accident case, an insurance company will pay up to the policy limits for their at fault driver in an accident. In order to collect more than the policy limits in an accident, the victim must go after the personal assets of the at fault party.

Civil Judgements for Accident Cases

For cases that exceed the policy limits in compensation, Texas law allows for a victim to go after the personal assets of the person at fault for the accident.

However, property is split into two categories: exempt and non-exempt assets, and civil judgements may only collect on non-exempt property.

Exempt property includes the primary residence, car, wages, vehicles and equipment used in that person’s trade, personal furnishings, some retirements accounts, and other items of property.

Non-exempt assets refer to items such as a vacation home, additional cars, certain retirement accounts, and a few other limited assets. As such, it can be difficult to collect compensation for settlements that go beyond the policy limits in an auto accident.

One exception to this rule is the Stowers doctrine. Under this rule, if your attorney offered a reasonable settlement within the policy limits that was rejected, and the court awards you with compensation beyond the policy limits, the person at fault for the accident can go after their own insurance company for the money owed to the victim beyond the auto policy limits.

These issues can get incredibly complex, so it is critical that you have a knowledgeable attorney by your side to ensure that you receive the full compensation owed for your injuries.

Call or Contact the Office Now

For a free consultation of your car accident case, call the office or contact us at the Milano Legal Group to speak with an experienced auto accident attorney in Houston about your claims today.