Property Damage 

Property damage often occurs in accidents, especially car accidents. Regardless of the type of incident, if you suffered property damage in a Houston accident because of someone else’s negligence or carelessness, you can seek compensation for your losses.

Property damage claims can be complicated, so contacting an undefeated Houston personal injury lawyer is a good idea. Understanding the basics of property damage claims in Texas is also helpful. 

Table of Contents

• What Is Considered Property Damage in Houston, TX?
• Car Insurance Requirements in Houston, TX
• Who Is Responsible for Vehicle Damage in Houston?
• What if the Insurance Company Totals My Vehicle?
• How To Prove Fault in a Car Accident in Houston, TX
• An Undefeated Houston Personal Injury Lawyer Can Help You With a Property Damage Claim

What Is Considered Property Damage in Houston, TX?

Property refers to both real property and personal property. Real property refers to land and the things attached to it, such as a house. Personal property refers to most other types of movable property, like vehicles, jewelry, and laptops. Both types can be damaged in an accident.

Here are some examples of property damage:

• Vehicle damage
• A damaged or destroyed computer
• Motorcycle damage or the cost to replace it
• Damage to your yard, home, or structures on the land

The type of insurance you’ll file a claim under will depend on what property was damaged and how the damage occurred. If the accident causing the damage was a car accident, you will file a claim under an auto insurance policy.  If the accident happened on someone’s property, you will probably file a claim under a home insurance or other premises-related policy. 

If you aren’t sure whether the damage you suffered in an accident counts as property damage, contact an undefeated Houston personal injury lawyer. 

Car Insurance Requirements in Houston, TX

Texas requires drivers to have the following minimum insurance coverage:

• $30,000 of liability coverage for each injured person.
• $60,000 of liability coverage total per accident.
• $25,000 for property damage per accident.

Policy owners may purchase additional insurance beyond these limits, but these are the minimum coverage requirements. 

Who Is Responsible for Vehicle Damage in Houston?

Texas is an at-fault insurance state. Thus, the at-fault driver or their insurance company will be responsible for your vehicle damage and any other property damage caused in the accident. However, in some cases, you might still file a claim with your own insurance company. 

If you file a claim with your insurance company after an accident, the company will likely reserve a right to be reimbursed by any future property damage claim against the at-fault driver. Sometimes, people choose to file a claim with their own insurance company so they can have the repairs completed sooner. 

You may also file a claim directly with the at-fault party’s insurance company. The company may try to dispute that their client was at fault. If that happens, you must prove the other party was at fault. Sometimes, a police report is enough to establish fault. In other cases, you must file a personal injury lawsuit and hire expert witnesses to prove fault. 

What if the Insurance Company Totals My Vehicle?

An insurance company will deem a car “totaled” if the value of the damage exceeds a certain amount. States use different methods for determining when a vehicle is totaled. Texas uses a straightforward 100% formula. If the damage exceeds 100% of the car’s cash value, it is considered totaled.  

If the car is totaled, the insurance company will pay you the vehicle’s cash value. 

To determine the cash value of your car, the insurance company will consider the following: 

• The make and model of the car
• The car’s age on the date of the accident
• The car’s mileage
• The car’s condition before the accident
• Whether you had any add-ons that added value to the vehicle

You may disagree with the insurance company’s valuation of your car. If that’s the case, it’s important to contact an undefeated Houston personal injury lawyer who can help you challenge the company’s determination. 

How To Prove Fault in a Car Accident in Houston, TX

If you can’t reach a favorable settlement with the insurance company or the at-fault party, you may need to file a personal injury lawsuit. 

To successfully recover compensation, you must prove the defendant was negligent by establishing each of these four elements:

• The defendant owed you a duty of care.
• The defendant breached the duty of care.
• You were injured or perhaps suffered other losses, such as property damage.
• The defendant caused your injuries. 

In most cases, establishing negligence means proving that the defendant acted unreasonably under the circumstances. 

An Undefeated Houston Personal Injury Lawyer Can Help You With a Property Damage Claim

If you were recently involved in an accident in Houston, TX, there’s a good chance you incurred property damage. Contact an undefeated Houston personal injury lawyer at 888-603-3636 to schedule your free consultation.