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.
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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.
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The crash at the intersection of Lake Woodlands and Grogans Mill knocked the wheels right off the Ford F-150.
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.
