Understanding Auto Insurance and Vehicle Damage in Texas
I can't replace my car with the amount the insurance company wants to pay me. Don’t they have to pay me enough to buy the same type of car?
The insurance company has to pay you what your car is worth, not what it costs to buy a similar car. Because cars depreciate the moment they are driven off the lot, you will not be paid the purchase price on even a new car.
Is there anything I can do to get the insurance company to pay me more for my car?
Yes. You can ask the insurance company for the “comparables” they are using to establish the value of your vehicle. You may find that the insurance company is using vehicles with higher mileage or fewer upgrades. You can point out these discrepancies to the insurance company.
You can also find your own comparables and provide those to the insurance company. The insurance companies will generally negotiate with you and increase their offer somewhat if you are able to
provide documentation to support your value.
Doesn’t the insurance company have to give me a rental car? The other driver was at fault but their insurance company will only reimburse me for the rental charges after I pay for the rental and provide receipts.
Unfortunately, they can do this. Even large carriers are starting to follow this practice. The problem is, of course, that you have to incur these charges upfront and you may have to pay a rate higher than the rate the insurance company wants to reimburse you for. Because of the volume of their rentals, insurance companies can often get discounts from rental car companies that are not available to consumers.
You may have to pay a higher rate, but the insurance company may offer to reimburse you only for the lower rate that is available only to them. You are entitled to loss of use (rental) but it’s very expensive to go to court to battle the insurance company over the excess rental charges, only. Therefore, if you spend a lot on a rental, you may have an out of pocket loss.
I don’t have the check for my totaled car yet and the insurance company is telling me I have to return the rental car. Can they do that?
Yes. Typically, insurance companies will pay for a rental (loss of use) for 72 hours after your vehicle is determined to be totaled. This means you may not have time to replace your vehicle before the rental car must be turned in. Under Texas law you are only entitled to loss of use on a
vehicle that is repairable.
The bank is telling me that I still have to make payments on my totaled car because I owed more than the car was worth. Do I have to make payments on a car that I no longer have?
If you are “upside down” in you car (you owe more in payments than the car is worth), you could be left holding the bag if it’s totaled. That is why it is so important to buy gap insurance
if you have a loan on your car. Gap insurance is designed to make up the shortfall in the event your car is totaled.
The driver who hit me was an "excluded driver". What do I do?
More and more often we are hearing about “excluded drivers” in Texas. Insurance companies are issuing policies leaving off spouses who have a bad driving record and teen drivers. Too often the owners of these vehicles let the excluded driver drive the car and the excluded driver causes an accident.
You can sue the owner and driver in this situation, but the insurance company is not going to pay and you are very unlikely to collect anything. You will likely have to use your own collision or uninsured motorists coverages.
I let an excluded driver drive my car and they caused a wreck. Does my insurance company have to pay for the damage?
Most probably not. You should NEVER let an excluded driver drive your car.
The insurance company will only pay for one week of storage fees, but my vehicle was in storage for a month. What do I do?
Typically, insurance companies will only pay for storage for a week or two. If you owe storage fees and do not pay them, after a period of time the storage lot can sell your car for salvage.
That is why it is important to
have your vehicle moved to the insurance company’s lot as soon as you can. The vehicle should be moved to the lot for the company which is adjusting the damages.
What is diminished value and how do I recover it?
If your car has been in a collision, it is worth less than before it was wrecked, even after it has been repaired. If your car is repairable, you are entitled to make a diminished value claim
against the at fault driver’s insurance company.
If you are at fault, your insurance company will
not pay you diminished value damages.
These factors determine what an insurance company will pay you for diminished value:
- The age of your vehicle;
- The mileage of your vehicle;
- The cost of your vehicle;
- The cost of repairs; and,
- Whether your car has been wrecked before.
The newer your vehicle is and the worse the damage in relation to the value of the vehicle, the higher your diminished value will be. If your vehicle is older with high mileage, minor damage and prior collisions, your diminished value will be lower.
At Wham & Rogers, we guide our personal injury clients through the property damage process. If you have sustained a serious injury in an accident, call us at 832-592-1108 for a free consultation.
On February 18, 2026, an accident involving a motorcycle and two other vehicles occurred on Aldine Westfield Road near Wood River Drive, Fox26 Houston reports. An off-duty officer was operating the motorcycle and was found unresponsive at the scene. Despite the efforts of EMS and firefighters, they were unable to save the deputy. The investigation into the crash is being handled by the Precinct 4 accident investigation team, and all lanes on Aldine Westfield Road were shut down due to the incident. The driver of the vehicle stayed on the scene and was not impaired at the time of the accident. It is not yet clear if the crash was related to the arrest of a Montgomery County Sheriff’s Office deputy at the scene, who was charged with DWI.
February 12th, 2026, Houston: An 18-wheeler rollover on Southwest Freeway near Chimney Rock Road blocked multiple outbound lanes, leading to major delays for commuters, KHOU reports. The truck rolled onto its passenger side, crushing a pickup truck and dragging it approximately 100 yards. Fortunately, the pickup truck’s driver escaped unscathed, and there were no reported injuries. Fire officials also noted that the semi-truck did not lose its load during the incident. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
On February 5, 2026, a dramatic rescue unfolded on Highway 290 near Mason Road in Cypress, Texas, when a woman found herself trapped in her vehicle after a major two-vehicle crash. The crash caused significant delays, with two westbound main lanes on Highway 290 remaining closed. The Harris County Sheriff’s Office reported that when emergency services arrived at the scene, they discovered the woman wedged underneath a truck . This type of accident is called a Side Underride Crash , and car manufacturers face pressure to install additional safeguards. Thanks to the efforts of first responders, the woman was safely removed from her vehicle and taken to the hospital for further care. If you have been injured in a serious car accident in Houston, please call Wham & Rogers for a free consultation at 832-592-1108.
A new video released after a fatal crash in the Texas Panhandle shows a truck on US 87 crashing into four young women from the Houston area. The women had to reduce their speed due to a flat tire, and had turned the hazard lights on. Despite their precautions, an 18-wheeler transporting produce for the San Antonio-based grocery chain H-E-B collided with the Nissan Altima, tragically killing the driver and three passengers. Long hours, insufficient training and lax monitoring make commercial vehicle and big rig accidents all too common on Texas roadways.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
On February 18, 2026, an accident involving a motorcycle and two other vehicles occurred on Aldine Westfield Road near Wood River Drive, Fox26 Houston reports. An off-duty officer was operating the motorcycle and was found unresponsive at the scene. Despite the efforts of EMS and firefighters, they were unable to save the deputy. The investigation into the crash is being handled by the Precinct 4 accident investigation team, and all lanes on Aldine Westfield Road were shut down due to the incident. The driver of the vehicle stayed on the scene and was not impaired at the time of the accident. It is not yet clear if the crash was related to the arrest of a Montgomery County Sheriff’s Office deputy at the scene, who was charged with DWI.
February 12th, 2026, Houston: An 18-wheeler rollover on Southwest Freeway near Chimney Rock Road blocked multiple outbound lanes, leading to major delays for commuters, KHOU reports. The truck rolled onto its passenger side, crushing a pickup truck and dragging it approximately 100 yards. Fortunately, the pickup truck’s driver escaped unscathed, and there were no reported injuries. Fire officials also noted that the semi-truck did not lose its load during the incident. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
On February 5, 2026, a dramatic rescue unfolded on Highway 290 near Mason Road in Cypress, Texas, when a woman found herself trapped in her vehicle after a major two-vehicle crash. The crash caused significant delays, with two westbound main lanes on Highway 290 remaining closed. The Harris County Sheriff’s Office reported that when emergency services arrived at the scene, they discovered the woman wedged underneath a truck . This type of accident is called a Side Underride Crash , and car manufacturers face pressure to install additional safeguards. Thanks to the efforts of first responders, the woman was safely removed from her vehicle and taken to the hospital for further care. If you have been injured in a serious car accident in Houston, please call Wham & Rogers for a free consultation at 832-592-1108.
A new video released after a fatal crash in the Texas Panhandle shows a truck on US 87 crashing into four young women from the Houston area. The women had to reduce their speed due to a flat tire, and had turned the hazard lights on. Despite their precautions, an 18-wheeler transporting produce for the San Antonio-based grocery chain H-E-B collided with the Nissan Altima, tragically killing the driver and three passengers. Long hours, insufficient training and lax monitoring make commercial vehicle and big rig accidents all too common on Texas roadways.
On the afternoon of June 28th, a truck driver allegedly fell asleep while driving an 18-wheeler on I-20 east of Dallas , causing him to crash into four cars and three 18-wheelers. This accident resulted in five deaths and an unknown number of injuries. This crash caused I-20 to be closed for several hours on Saturday while the victims were treated and the vehicles were removed from the scene. The driver was arrested the next day after admitting to falling asleep while driving, and is facing five counts of manslaughter along with a count of aggravated assault with a deadly weapon. 18-wheeler accidents have become a near daily occurrence, putting many drivers at risk. It is important to obtain counsel immediately if you have been in a collision with an 18-wheeler to ensure evidence is preserved and the accident is investigated thoroughly. If you have been injured in a serious 18-wheeler or commercial vehicle accident in Texas, call Wham & Rogers at 832-592-1108 for a free consultation.
We often receive phone calls from people whose attorney won't return their calls, won't help them find medical care, or won't give them any advice about property damage. When I ask who this lawyer is, they usually don't know. Invariably, I find out that they hired the lawyer through a service that contacted them. A shocking number of these solicitation companies are breaking the law. They are committing the crime of barratry . Attorneys who hire companies to illegally solicit business for them are focused on quick, easy settlements. They’ve already taken an illegal shortcut to get your business. They want to settle your case with the least amount of effort. They do not want to spend time answering your questions and helping you with anything that won’t make them a quick buck. I’ve learned of situations where lawyers hired through solicitation companies settled cases without their client’s consent — and even situations where the client’s settlement check bounced. If you hire a lawyer who contacts calls you personally or through a service, you may be hiring a lawyer who is breaking the law. This is not who you want representing you. If you did hire a lawyer through one of these services, you may be the victim of barratry and there are lawyers who will pursue these claims for you. ( Our firm does not handle barratry claims ) When you need a personal injury attorney, do your research. Check the reviews for the firm. Call to talk with the lawyers. If you can’t get a lawyer on the phone to talk with you, that is a sign you may need to look elsewhere. Our client reviews will attest that we provide personal, caring service to our clients. If you want attorneys who will treat you like family, call Wham & Rogers.
Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits
A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.
Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.
