If Police Cannot Determine Who Caused the Accident, Who Will Fix My Car?
If police cannot determine who caused a car accident, your insurance company — or the at-fault driver’s insurer — will ultimately decide who is responsible for repairing your vehicle. In Texas, which is an at-fault state, liability is primarily determined by the insurance companies, not law enforcement. Even if fault is unclear at the scene, insurers are required to investigate the accident, gather evidence, and determine which policy should cover damages.
Insurance investigations typically involve reviewing police reports, statements from all parties, photographs of the vehicles and accident scene, and an assessment of the damage. If the investigation finds that you are at fault, your own insurance company is responsible for repairing your vehicle. While being deemed at fault may lead to higher premiums, this is exactly why having insurance is crucial — to protect you from financial loss and to ensure your car can be repaired. Your insurer also has a duty to defend you if the other party files a lawsuit related to the accident.
If you are not at fault, the at-fault driver’s insurance company is generally responsible for covering the cost of repairs. However, in practice, this can be complicated. Insurance companies may attempt to undervalue claims, dispute fault, or delay payment. Negotiating with insurers can be challenging, particularly if the accident caused serious damage or resulted in injuries in addition to property damage.
This is where a knowledgeable personal injury attorney can make a significant difference. An attorney can handle communications with the insurance company, ensure your vehicle is repaired correctly, and advocate for the full value of your claim. They can also coordinate property damage claims with any injury claims, helping you recover medical expenses, lost wages, and other costs in addition to vehicle repairs.
Even when fault is unclear, documenting the accident thoroughly is critical. Take photos of the scene and all vehicles involved, gather contact information from all parties, and request a copy of the police report once available. These steps provide crucial evidence for insurance companies and your attorney, strengthening your claim and protecting your rights.
Working with an experienced attorney ensures your rights are protected, helps navigate disputes between insurers, and increases the likelihood that you will receive full compensation to repair your car and cover any additional damages caused by the accident.
To learn how insurance companies determine fault when police don’t, read [Should I Call My Insurance Company or the Other Driver’s Insurance to Get My Car Fixed?].
You can also explore [Will My Insurance Go Up if the Other Driver Caused the Accident in Texas?] to understand how these decisions affect your rates.
