Whether you’re dealing with painful injuries or are a bit shaken but otherwise okay after a car accident, getting your vehicle fixed can be a headache.
As you go through the process of dealing with insurance companies — whether your own or another driver’s — you likely have several questions:
- How do I get my car fixed after an accident?
- Who’s going to pay my vehicle repair costs?
- Can I choose where to go?
- What if an insurance company insists on using a specific repair shop?
In this blog post, our San Antonio and McAllen accident attorney explains everything you need to know about repairing damage to your car after a wreck.
Who’s Responsible for Paying for Car Fixes after an Accident?
Before we get into the practicalities of repairing vehicle damage and determining where to go, we must consider how liability works in Texas.
This concept determines who is responsible for paying your repair bills.
After a car accident in Texas, the person at fault for the crash must pay for the resulting damage. For example, if another driver smashes your headlight when pulling out onto the road before ensuring it is safe, the driver’s insurance company will cover the cost of getting it repaired.
All motorists must have minimum liability insurance of $25,000 for property damage, but some drivers may buy more liability coverage so they are not left paying the rest out of pocket.
Another driver can be at fault in many ways, including:
- Driving while intoxicated
- Speeding
- Driving too slowly
- Driving while distracted, such as texting
- Running a red light
- Driving on the wrong side of the road
- Acting aggressively (road rage)
- Making an unsafe lane change
- Failing to yield the right of way
- Driving while fatigued
- Following too closely (tailgating).
The benefit of the at-fault driver’s insurer covering your vehicle repair costs is that you won’t have to claim on your insurance and risk losing potential good driving discounts or increasing your premiums.
Can You Choose Where to Get Your Car Fixed after an Accident?
An insurance company might request or insist you use a specific repair shop, but you do not have to.
Section 1952.301 of the Texas Insurance Code states:
“In settling a liability claim by a third party against an insured for property damage claimed by the third party, an insurer may not require the third-party claimant to have repairs made by a particular repair person or facility or to use a particular brand, type, kind, age, vendor, supplier, or condition of parts or products.”
In simple terms, an auto insurer cannot require you to choose a specific repair shop, nor can they specify the brand or condition of parts to reduce the cost.
But why might an insurance company recommend a shop?
Insurers sometimes have mutually beneficial contracts with repair shops. In exchange for referring work, they might benefit from cheaper labor.
An insurer might even tell you they have a list of shops you must choose from and that they cannot guarantee repairs if you opt for another. They might pressurize you to follow their recommendation by claiming they can expedite your repairs and get you back on the road faster. Likewise, they might suggest you will suffer delays if you go against their recommendation.
Getting your car fixed by a recommended shop after a crash can be beneficial. Insurance companies do not want to risk a repair shop doing a poor job, so you can be confident that any recommended shop will be vetted, qualified, and meet specific criteria regarding training and the quality of materials used.
As the insurer has a longstanding relationship with the auto shop, they might also receive expedited service. This prioritization might mean you can get your vehicle repaired faster than screening repair shops and arranging it yourself, but an insurer is not allowed to threaten or imply a slower service to persuade you to choose a shop they have a relationship with.
If you do not have a preferred auto shop in mind and want to get your car fixed and move forward with as little stress and hassle, you might consider an insurance company’s recommendation.
However, remember that you are not obligated to.
You might prefer to get your car fixed by the repair shop you’ve always used, as you trust them and know they are reliable. An auto insurance company cannot refuse to cover the costs because your chosen repair shop is “not on the list”.
Choosing the Right Shop to Repair Damage to a Car after a Wreck
So now you know you can choose where to get your car fixed after an accident, how do you make the right decision?
Should You Go with an Insurance Company’s Recommended Repair Shop?
We touched on some of the potential benefits of going with an insurer’s recommendation, but there are two sides to every coin.
If you’re considering this route, you must consider if any warranties apply. Some shops may offer limited or conditional warranties, leading to problems later.
You should also assess the repair shop’s reputation by seeking reviews and testimonials. Just because a shop comes recommended does not mean customers are always satisfied with the quality of service and repairs.
You should also seek independent estimates from other providers. For example, if several other auto shops claim the required repairs cannot be done so cheaply, it might indicate that not all fixes are covered or that the auto shop plans to use aftermarket parts to reduce the overall cost for the insurance company. Always check what’s covered before agreeing to get your car fixed by a recommended shop.
Choosing a Shop to Repair Vehicle Damage
If you explore other repair shops, you should investigate them thoroughly to ensure they are reputable and qualified.
Check their qualifications: Firstly, look for shops certified by the National Institute for Automotive Service Excellence (ASE). An ASE certification provides reassurance that an automotive professional maintains high standards.
Pick a shop familiar with your car: Depending on the make and model of your car, you might also seek a shop with specific experience and expertise. For example, some shops specialize in repairing vintage cars or vehicles made by a dedicated manufacturer.
Don’t neglect reviews: Seek reviews from previous customers to gauge their experience with a particular shop. A strong average rating and positive reviews praising a shop’s service, quality of work, and warranty are good indicators you can trust them with your car’s repairs. Shops with reviews on social media and verified third-party platforms such as Yelp and Google are more trustworthy compared to nameless typed testimonials on a website that can be made up. You can also ask friends, family, and a personal injury attorney for recommendations.
Ask about the warranty: Understand the terms and conditions of the warranty offered on repairs before agreeing to use a shop.
Get multiple estimates: You do not need several estimates — despite what an insurance company might tell you — but it can be helpful — even if you’ve already decided on which shop to use. If there is any discrepancy between estimates, ask what the quote covers. Cheaper estimates may indicate rushed labor, used parts, or minimal fixes, while more expensive estimates for the same fixes might indicate they are inflating their costs.
What to Do after an Accident That Damages Your Vehicle
If your car is damaged in an accident caused by someone else’s negligence, you might be entitled to recover the cost of repairing your vehicle and other damages. These damages include your lost wages if you cannot work and the cost of medical treatment, such as surgery, emergency room fees, medication, and physical therapy.
The actions you take after your accident can affect your entitlement to compensation. Take the following steps to maximize your chance of getting the amount you deserve:
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Stop and Get to Safety
Even after a minor accident, stop your vehicle and get somewhere safe. This might mean moving away from the road, but you must not flee the scene, which is an offense. Do not move if you have sustained a back, neck, or spinal cord injury, as it could make your injuries worse.
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Report the Accident
Texas law requires you to report an accident to the police immediately if you or anyone else is injured or there is severe vehicle damage. However, you should report the accident to the local police department even if you are not seriously injured or your car has sustained only minor damage.
A police report can significantly bolster your claim to recover the costs from the at-fault party’s insurer. If you do not file a report telling your side of the story and the other driver reports the accident and accuses you of being responsible, it could damage your claim.
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Document the Accident
If police respond to the scene, they will investigate the crash and interview witnesses and those involved. They’ll compile their findings and opinions into a crash report, including the contributing factors to an accident. You should cooperate with law enforcement as they investigate the wreck. As you wait for the police to arrive — or if you’re in a minor accident that the police will not respond to — you can document the accident yourself.
Note the contact information of any eyewitnesses who can corroborate your story — this will prevent it from being your word against an at-fault driver if they deny causing the crash. You should also take photographs of your injuries, the road conditions, and the damage to your car. Photographs of vehicle damage can support your claim for property damage costs, as they prove when the damage occurred.
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Seek Medical Attention
It’s vital to get checked for any injuries after an accident — even if you feel fine. The rush of adrenaline that kicks in during a crash can mask pain, and not all injuries appear immediately or are visible. It is worth heading to the emergency room or visiting a doctor for peace of mind, if nothing else, but it can also prove critical if you later need medical treatment and want to recover the costs in a personal injury claim.
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Report the Accident to Your Insurance Company
Contact your auto insurer even if another driver is liable for the crash. They can advise you and help you get a claim underway if you have additional policies, such as personal injury protection (PIP). This policy can cover your medical bills, which can be valuable for urgent treatment. If another driver is responsible, your insurer can recover the costs from the at-fault driver’s insurer. This process is called insurance subrogation.
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Contact a Personal Injury Attorney
A personal injury lawyer can explore the circumstances of your crash and tell you whether you have a claim. If you have a case, they can help you navigate the claims process, including gathering evidence of the other driver’s fault, helping you get the medical treatment you need, recommending where to get your car fixed after your accident, and negotiating a fair settlement with insurance companies.
If the insurer denies liability or refuses to make a fair offer that covers the cost of your repairs or denies liability, our personal injury lawyer in McAllen and San Antonio can take your case to court in a lawsuit. It’s vital to contact a personal injury lawyer as soon as possible after an accident. The statute of limitations — or how long you have to claim — is two years for Texas personal injury claims. However, the process takes time, and evidence can deteriorate or disappear quickly, meaning time is of the essence if you want to get the compensation you deserve.
At Patino Law Firm, we offer free, no-obligation case reviews to help you understand your options after an accident. Our team provides five-star-rated personal injury services in English and Spanish, serving the entire Rio Grande Valley and Greater San Antonio. You don’t pay any fees until we win your case. Call 855-LAW-NINJA to speak to our experienced McAllen and San Antonio accident lawyer and see if you have a claim.
