Sep 15, 2019 | By Anthony Milano | Read Time: 2 minutesAdvantages to Knowing How Total Losses Are Decided in Texas Knowing whether the insurance company will be totaling your car after an accident in Texas is helpful for many reasons. 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 is a total loss is: Cost of Repair + Salvage Value > Actual Cash Value If the total cost of repairs plus the salvage value is greater than the actual cash value (ACV) or market value of car, then the insurance company decides to total the car. For example, if your 2008 Honda Accord has an actual cash value of $5,000 and the cost to repair it is $4,500 and the salvage value is $1,000, then your car would be totaled. $4,500 + $1,000 > $5,000 For tips on how to handle your own car accident property damage case in Texas, click here.
Read More Sep 12, 2019 | By Anthony Milano | Read Time: 4 minutesIf you have been involved in a car crash in Texas and your car was towed, you may have several questions, including where your car was towed, how much it’s going to cost, and who is going to pay for it. In this blog post, we answer these questions. Where was my vehicle towed after my accident? All the stress and uncertainties people go through after experiencing a car accident are overwhelming. Not only do you have to worry about your physical well-being, but also the financial repercussions the accident will cause. Knowing where your car is after the accident will at least alleviate some of the anxiety that you experience in this stressful time. If your car was not drivable after the accident, it will likely be towed to a storage lot. A Copy of the Tow Ticket Towing companies and tow lots, also known as “vehicle storage facilities,” must follow certain rules in order to be in compliance with Texas law. The towing company must provide certain information to all Texas car accident victims after their car has been towed, including the following: provide a copy of a tow ticket to the owner of the car, if the owner or operator is present and available at the time of the tow. Provide a copy of the tow ticket to the vehicle storage facility. The tow ticket may only authorize charges directly related to towing the car. The tow ticket must itemize each charge. The tow ticket must contain the towing company name, telephone number, and TDLR number of the towing operator. Who Initiated the Tow? If you weren’t given a tow ticket and do not know where your car was towed, there are ways to find out. Typically, there are three scenarios when your car is towed after a car accident and is not drivable: You called the towing company to have your car towed after an accident A police officer that arrived at the scene had called for the tow You were transported to the emergency room immediately after the accident and don’t know where the car was towed. If you called the towing company yourself, you’ll be given a tow ticket with the information described above. You can call the towing company directly to get the whereabouts of your car. 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 How much do towing companies and storage lots charge to tow and store your damaged vehicle after an accident? Towing Fees In Texas, the maximum charges for towing are: $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 Storage Fees In Texas, a storage lot must charge between $5.00 and $20.00 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 $35.00 per day. As you can see, storage fees can add up quickly. Find out more about storage fees here. Who pays for your towing and storage fees after a car accident? Who pays for your towing and storage fees after a car accident depends on who was at-fault for the accident and whether there is insurance coverage to pay for the loss. Three scenarios are discussed below: Scenario 1: If the accident wasn’t your fault and the at-fault driver has insurance You have the option to use the at-fault driver’s insurance company directly, pay out-of-pocket first and save receipts and then submit these expenses to the at-fault driver’s insurance company for reimbursement, or use your own insurance if you have collision coverage and/or towing and storage fee coverage under your policy. If the at-fault driver’s insurance company hasn’t completed determining who was at fault for the accident, you have the option to file a claim with your own insurance company under your collision coverage. Then, once they accept liability for the accident, your insurance company will seek reimbursement through their insurance company for what they paid out on the claim. 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,...
Read More Sep 11, 2019 | By Anthony Milano | Read Time: 4 minutesAccording 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...
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