The at-fault driver's insurer owes reasonable repair costs and the loss of use of your car, which usually means a comparable rental, for the time reasonably needed to repair or replace it. Texas law lets you choose the repair shop. Owsley Law Firm helps injured clients keep the property claim moving while the injury claim is built.
The property side of a crash claim is where most people first deal with an insurance company. The questions are practical: who pays for repairs, where the car can be fixed, and how you are supposed to get to work in the meantime.
Texas law answers most of them clearly. The driver who caused the crash owes the cost of restoring your car and compensation for the time you are without it. You choose the shop. And you can use your own coverage to move faster while fault is sorted out.
Who pays for my car repairs?
The at-fault driver's insurer, under the property damage part of their liability coverage.
Texas is a fault state. The driver who caused the crash is responsible for the damage, and Texas requires at least $25,000 of property damage liability coverage under Transportation Code section 601.072.
If liability is disputed, the other driver is uninsured, or you simply want the car fixed now, your own collision coverage can pay, less your deductible. Your insurer can then seek reimbursement from the at-fault side, and your deductible is often recovered through that process.
Can the insurance company make me use its repair shop?
No. Texas law protects your right to choose the shop, whether the claim is under your policy or against the other driver's insurer.
Insurance Code section 1952.301 bars insurers from limiting your choice of repair person or facility under your own policy, and subsection (b) says that in settling a third-party property claim, the insurer may not require you to use a particular shop or particular brand or type of parts.
Section 1952.302 also prohibits adjusters from stating or suggesting that you must use a specific shop or one on a preferred list for the repair to be covered. A preferred shop may be convenient, but it is your choice. Insurers must give you notice of these rights when the car is presented for a damage claim (section 1952.305).
Can I get a rental car?
Yes. Loss of use is a recoverable item of damages against the at-fault driver.
Texas law compensates an owner for the reasonable period of lost use of personal property. The Texas Supreme Court explained in J&D Towing, LLC v. American Alternative Insurance Corp. (2016) that the amount can be measured by the cost of renting a substitute, and it held that loss of use is recoverable even when the vehicle is totally destroyed.
In practice, the at-fault insurer often sets up a comparable rental directly once it accepts liability. If it has not, your own rental reimbursement coverage, if you bought it, can bridge the gap. Keep receipts for any rental or rideshare costs you pay yourself.
How long can I keep the rental?
For the time reasonably needed to repair or replace the car.
The standard is reasonableness, not a fixed number of days. Delays caused by the insurer, such as slow inspections or approval of supplemental repairs, generally count against the insurer, not you.
Delays you cause, such as waiting weeks to choose a shop or to respond to a total loss offer, can be used to cut the rental off. Move promptly and keep a written record of every delay and its cause.
What if the repair estimate is too low?
Your shop can submit a supplement for hidden damage found during teardown, and the insurer reviews it.
First estimates are often written from photos or a quick inspection. Once a shop takes the car apart, it frequently finds damage that was not visible, and it sends a supplement to the insurer.
If the insurer and shop disagree, ask for the dispute in writing. Under your own policy, appraisal may be available for disputes over the amount of loss. If an insurer pressures you about shops or parts, section 1952.306 lets a beneficiary, third-party claimant, or repair shop file a written complaint with the Texas Department of Insurance.
Should I settle the property claim before the injury claim?
Usually yes. Property damage is often resolved first, but make sure the paperwork releases only the property claim.
Getting the car fixed is not a reason to wait on the injury claim, and the injury claim is not a reason to delay repairs. They are commonly handled separately.
Read every release carefully. A property damage release should be limited to the vehicle and related costs. If the language mentions bodily injury or all claims, do not sign it until it is corrected.
Two ways to get your car fixed
| Path | How it works | Trade-offs |
|---|---|---|
| Claim against the at-fault driver | Their insurer pays repairs and loss of use after accepting liability | No deductible, but it waits on the liability decision |
| Your own collision coverage | Your insurer pays repairs now, minus your deductible, then pursues the other insurer | Faster; deductible is often recovered later through subrogation |
| Your own rental reimbursement | Pays a daily rental amount if you bought it | Optional coverage with daily and total caps |
What evidence proves it
- Repair estimates and supplements from your chosen shop
- Photos of all damage before repairs
- Rental agreements, receipts, and rideshare or transit costs
- Communications showing delays and their causes
- Your declarations page showing collision and rental coverage
- Final repair invoice and any diminished value appraisal
Mistakes that cost people money
- Assuming you must use the insurer's preferred shop
- Signing a release that includes your injury claim
- Waiting to choose a shop or respond to the adjuster, which shortens the rental
- Paying out of pocket without keeping receipts
- Forgetting to ask for diminished value from the at-fault driver after repairs
Frequently asked questions
Do I have to get multiple repair estimates?
Not under Texas law. Insurers may ask, but section 1952.301 means they cannot make you use a particular shop.
Can the insurer use aftermarket parts on my car?
In a third-party claim, the insurer may not require a particular brand, type, age, or condition of parts as a condition of settling (section 1952.301(b)). Under your own policy, read the parts provisions and ask your shop.
Will my insurance rates go up if I use my collision coverage?
Texas has no statute that guarantees rates stay flat after a not-at-fault claim. Ask your insurer how it treats not-at-fault claims before you decide.
What if the at-fault driver's insurer will not pay for a rental?
Use your own rental coverage if you have it and keep receipts. The rental cost remains part of your loss of use claim against the at-fault driver.
Can I claim a rental if I borrowed a friend's car instead?
Loss of use can be measured in other ways, such as the reasonable rental value of your car. Keep notes on how long you were without it.
Who pays if the other driver is uninsured?
Your collision coverage or uninsured motorist property damage coverage, depending on your policy. Notify your insurer promptly.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
Can I get a rental car after an accident in Texas?
Who pays for my car repairs after an accident in Texas?
Total Loss and Diminished Value Claims in Texas
What is a diminished value claim in Texas?
Texas Minimum Car Insurance: Transp. Code 601.072
