Should I Call My Insurance Company or the Other Driver’s Insurance to Get My Car Fixed?

After a car accident in Texas, it’s natural to wonder whether you should contact your own insurance company or the at-fault driver’s insurer to get your car repaired. Texas follows a fault-based system, meaning the at-fault driver is generally responsible for covering damages to your vehicle. As soon as you are able, you should report the accident to the at-fault driver’s insurance company. By law, Texas insurers are required to acknowledge receipt of your claim within 15 days and begin investigating the accident (Tex. Ins. Code § 542.055-542.056). This includes determining liability and assessing the damage to your vehicle.

Contacting the At-Fault Driver’s Insurance

If the at-fault driver’s insurer accepts responsibility, they typically will either provide you with an estimate or send an adjuster to evaluate your car. Once the claim is approved, the insurer will issue payment directly to the repair shop or reimburse you for the repairs. This approach can be faster if the insurer cooperates, but delays sometimes happen if the insurer disputes fault, requires additional documentation, or is slow to respond.

Using Your Own Insurance

If the at-fault driver’s insurance is unresponsive, uncooperative, or denies the claim, your own insurance company can step in. If you have collision coverage, your insurer can pay for repairs to your vehicle immediately. You will likely need to pay your deductible upfront, but your insurer can pursue reimbursement from the at-fault driver’s insurance through subrogation. This process allows you to recover your deductible once the insurance company recovers funds from the other driver (Texas Department of Insurance, Auto Claims).

Filing a claim with your own insurer can also help prevent extended delays in getting your vehicle repaired, ensuring that you can safely return to work, school, or daily activities. It’s important to document all communications with both insurance companies and keep copies of repair estimates, photos of the damage, and any receipts for expenses related to the accident. These records can be crucial if disputes arise about coverage, repair costs, or liability.

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