Getting into a car accident is a stressful experience what with medical injuries and property damage. On top of your injuries, your vehicle may also be significantly damaged and you may be faced with thousands of dollars of repair. Sometimes the physical damage is so severe that your vehicle is totaled meaning the cost of repair exceeds the value of the cars or it may be irreparable. So now you have medical bills and need a new car! Fortunately, you may be able to receive compensation for your damages.
Even if you medical expenses are inconsequential, if you were in a car accident in Sugar Land, Texas, you have the right to file a property damage claim for your car. A property damage claim requests repair or replacement for damaged items. You can file a property damage claim regardless of whether or not you were injured in the accident. Sometimes the insurance company tries to pay you the least amount they can so a good personal injury attorney can help you get a fair compensation on your property damage claim.
What Does a Car Accident Property Damage Claim Cover in Sugar Land?
In Sugar Land, a property damage claim allows you to recoup losses and damage to your physical property. With car accidents, property damage claims includes repairs or replacement of the vehicle. The claim can also include property within the car that was damaged and other private property, such as fences or buildings, that were damaged as a result of the accident.
What is Modified Comparative Negligence?
Sometimes more than one party causes an accident. For example, one car was speeding when it hit a second driver at an intersection when the second driver failed to come to a complete stop at a stop sign. In these situations, Texas follows a modified comparative negligence system to decide who can sue. Under Texas law, a party cannot pursue damages if they were more than 51% at fault for the accident.
If the fault is at issue in your accident, you should reach out to a Sugar Land car accident attorney. Determining fault requires an investigation of all the evidence and requires the help of a professional.
What Should You Do If You Suffered Property Damage After a Car Accident in Sugar Land?
If you suffered property damage caused by a car accident in Sugar Land, you should call the police and request an accident report. While at the scene of the accident, you should take photographs of the damage, write down the details of the accident, and ask for the contact and insurance information of the other driver.
Your first avenue of recourse is typically through the at-fault driver’s insurance. When you file the claim, be very careful when communicating with insurance representatives. The adjusters are not representing your best interests. They work for an insurance company that is looking to pay out the least possible amount of money. They may try to get you to agree to a quick settlement. In Texas, verbal agreements to settle claims can be binding. Be very careful before agreeing to anything especially if it strikes you as a low ball amount. Even if it doesn’t, it can not hurt to say “I’ll let you know,” and discuss it with a personal injury attorney to make sure you are not being taken advantage of.
If the insurance company acts in bad faith to delay or deny a valid claim, the next step may be to file a lawsuit. An experienced attorney familiar with the tactics of insurance companies can file a suit on your behalf and represent your interests in negotiations or in court if it comes to that.
How Long Do You Have to Sue for Property Damage Caused By Car Accidents in Sugar Land?
In Sugar Land, you must file a property damage claim within two years of the date of the accident. If you try to file a lawsuit past the two-year deadline, the defendant can ask the court to dismiss the claim because it is untimely. The court will almost always grant the dismissal.
There are limited exceptions to the two-year statute of limitations. For example, you may be able to file past the deadline if you were physically unable to make your claim within the statutory limit. Furthermore, if the defendant is absent from the state of Texas for any part of the two-year period, the clock is suspended for the length of their absence.
Can You Sue the Government for Property Damage Caused By a Car Accident?
In Texas, you can file property damage claims against the government for damages caused by a car accident. In some other states, you are blocked from filing these lawsuits.
Your Sugar Land Car Accident Attorney
If you or a loved one suffered property damage caused by a car accident, you should reach out to client focused and experienced Sugar Land car accident lawyer Adam Capetillo as soon as possible. Adam Capetillo is a Fort Bend County native who will use his familiarity of Fort Bend County’s judicial system to your advantage and will work hard to get you the maximum compensation available. Call Capetillo Law Firm today for a free consultation.
