Legal Question in Personal Injury in Texas

Recovering property damages from a liability insurer

You hit the nail on the head, it's pretty much just the way things work. What you're entitled to receive under the law and what you actually receive are often quite different, due, in my opinion, to the fact that insurers know low-damage cases (e.g., property damage only, with no personal injury) will usually not warrant attorney involvement. Few attorneys are going to work the case for 1/3rd of $1700; and even if they did, you would still not be whole, since an attorney's fee is taken out of your recovery. As long as insurers offer you more than 2/3rds of what you would receive if you did have an attorney, then you are better off than if you got an attorney and they paid full price. Either way, you lose because the law does not require insurers to pay your attorney expenses.

Technically, you're entitled to the loss of use of your vehicle which is typically measured by the cost to rent a similar vehicle for the time period it takes to get it repaired. If it's "totaled," though, you get loss of use only for the time it takes to figure out its totaled. In that case, you get the fair market value of the vehicle the instant before it was totaled. If you happen to owe more than that on the car note, you get stuck with the difference. It's not right or fair, just the way it is. I personally think we need a law that says insurers must pay what's owed on a totaled vehicle, at the minimum.

Re: At-fault driver's insurance refusing to provide rental car

It sounds like you are getting the run-around. If the other driver is at fault, and your description indicates he is, you are entitled to compensation in connection with the property damage. The insurance company should appraise the damage, notify you of the appraisal, and seek approval from you for the appraised amount. You are also entitled to compensation for the loss of use of your vehicle while it is being appraised and repaired. This "loss of use" can be in the form of a cash payment to reimburse you for rental car expenses. Or, the insurance company can set you up with a rental car. If yu use your car for work, you may be entitled to further compensation. If you were injured, you are also entitled to receive compensation for medical bills and pain and suffering, as well as lost wages. Various insurance companies handle things differently. Some are more professional than others, and some need to be prodded aggresively. Some insurance companies outright abuse people that are not represented by an attorney, even on property damage. I would be curious to know what company you are dealing with. If you need any more info, feel free to write (email) or call 214 559-6173.