Car Repairs and Property Damage After a Crash in Fort Worth
Short answer: In Texas, the at-fault driver's insurer pays to fix your car, and you choose the repair shop. You can also claim a rental car, towing and storage, and often diminished value. If the car is totaled, you get its actual cash value, and you can negotiate it. Want help with the repair side? Use the Free Auto Body Shop Consultation.
Fort Worth crashes often happen at freeway speed on I-35W, I-30 and Loop 820, so many cars leave the scene on a tow truck. That makes storage fees, and your right to pick the shop, matter from day one.
Whose insurance pays for my car?
In Texas, the at-fault driver's liability insurance pays for your car. Texas is an at-fault state, so the driver who caused the crash is responsible for the damage. Every Texas driver must carry at least $25,000 in property damage liability coverage (Tex. Transp. Code §601.072).
You have two ways to get paid:
- A third-party claim: you claim against the other driver's insurer. You pay no deductible, but you wait for them to accept fault.
- A first-party claim: you use your own collision coverage, if you have it. It's usually faster, but you pay your deductible first. Your insurer then tries to recover from the other driver's insurer. By law, it must take action to recover your deductible within a year of paying your claim, or pay you the deductible, unless it tells you in writing that it's stopping (Tex. Ins. Code §542.204).
Fault can be shared. Under Texas's proportionate responsibility rule, your recovery drops by your share of fault, and you recover nothing if you are more than 50% at fault (Civ. Prac. & Rem. Code §33.001). If the other driver has no insurance, see uninsured and underinsured drivers.
Can I choose my own repair shop in Texas?
Yes. Texas law lets you choose where your car is repaired. An insurer can't require you to use a particular shop. That applies to your own insurer and to the other driver's insurer (Tex. Ins. Code §1952.301).
- An adjuster can't tell you that you must use a "preferred" or "network" shop for the repair to be covered (§1952.302).
- The insurer can't make you travel an unreasonable distance to get the repair done (§1952.302).
- The insurer can't stop your shop from telling you which parts were used and what the insurer was charged (§1952.304).
- The insurer must give you a written notice of these rights when you make a vehicle damage claim (§1952.305; 28 Tex. Admin. Code §5.501).
There is one limit. The insurer only has to pay a reasonable amount for the repair. A preferred shop can be convenient, and it's your choice whether to use one. If you want help comparing shops or estimates, use the Free Auto Body Shop Consultation.
Estimates, supplements, and OEM vs aftermarket parts
The first estimate is rarely the final price. Adjusters often write an estimate from photos or a quick look. Hidden damage, like bent brackets, sensors, or frame damage, shows up once the shop takes the car apart. The shop then sends the insurer a supplement, a request for the added cost. Supplements are normal. Ask your shop to send them before the extra work starts.
| Part type | What it is | What to ask |
|---|---|---|
| OEM | Made by or for your car's manufacturer | Does my policy or the estimate allow OEM parts? |
| Aftermarket | New part made by another company | Who makes it, and does it carry a warranty? |
| Used or recycled | Original part taken from another vehicle | What condition and mileage is it? |
Texas law bars an insurer from limiting your coverage by dictating the brand, type, or condition of parts, unless that limit is clearly shown on your policy and you agreed to it in writing when you bought it (Tex. Ins. Code §§1952.301, 1952.307). In a claim against the other driver's insurer, it can't require you to use a particular type of part (§1952.301(b)). In practice, many estimates still price aftermarket or used parts. Read the estimate line by line. Ask your shop which parts are listed and whether they affect safety systems or your warranty.
If you disagree with the estimate, tell the insurer why in writing and send your shop's estimate. Your own policy may also have an appraisal process for disputes about the amount (Texas Department of Insurance).
Can I get paid for diminished value in Texas?
Usually only from the at-fault driver's insurer. A repaired car with a crash history is often worth less when you sell or trade it. That drop is called diminished value.
- Against the at-fault driver (third party): You can claim the repair cost plus the market value your car still loses after proper repairs (Ludt v. McCollum, 762 S.W.2d 575 (Tex. 1988)).
- From your own insurer (first party): the Supreme Court of Texas held that the standard Texas auto policy does not pay diminished value when the car is fully and properly repaired (American Manufacturers Mutual Ins. Co. v. Schaefer, 124 S.W.3d 154 (Tex. 2003)).
To support a diminished value claim, get a written appraisal from an independent appraiser or a dealer. Keep the final repair invoice, and keep photos of the damage.
Rental car and loss of use
The at-fault driver's insurer owes you for the loss of use of your car for the reasonable time it takes to repair or replace it. That is usually paid as a rental car. The Supreme Court of Texas confirmed that loss-of-use damages are recoverable even when a car is a total loss (J&D Towing, LLC v. American Alternative Ins. Corp., 478 S.W.3d 649 (Tex. 2016)).
- Until the other insurer accepts fault, it may not pay for a rental. Your own rental reimbursement coverage, if you have it, can fill the gap.
- Ask for the daily rental limit in writing, and ask how many days it will cover.
- Keep every rental receipt. If you didn't rent a car, you can still ask to be paid for the days you were without one.
What happens if my car is totaled?
The insurer pays the car's actual cash value (ACV), which is its market value just before the crash, not what you owe on it. A car is usually declared a total loss when repairs would cost more than it is worth.
How to push back on a low ACV offer:
- Ask for the full valuation report in writing, including the "comparable" cars it used.
- Check the comparables. Are they the same trim, mileage, options, and condition, and are they for sale near Fort Worth?
- Find your own comparable listings from local dealers. Add receipts for new tires, recent repairs, or upgrades.
- Send a written counteroffer with your evidence. Ask about sales tax and title and registration fees too.
- If it's your own insurer and you still disagree on the amount, ask whether your policy has an appraisal clause.
Gap insurance: if you owe more on your loan or lease than the car's ACV, gap coverage may pay the difference. Check your loan or lease papers to see whether you bought it. Get personal items out of the car before the insurer takes it.
Towing and storage fees
Move your car out of a storage lot quickly, because daily storage fees add up. Texas caps what a licensed vehicle storage facility may charge. As of January 2024, the limits are $22.85 a day for a vehicle 25 feet long or less, a $22.85 impoundment fee, and a $50 notification fee. A storage facility can't charge you to get your personal property or ownership papers out of the car (TDLR).
- Tell the insurer where the car is on day one. Ask the insurer to move it to your chosen shop or to its own lot.
- Get an itemized tow and storage bill, and keep it. The at-fault driver's insurer should cover reasonable charges.
- If you think your car was wrongly towed or you were overcharged, you can ask for a tow hearing in justice court within 14 days. Complaints about tow companies go to the Texas Department of Licensing and Regulation.
In Tarrant County: a tow hearing is requested at a Tarrant County justice of the peace court. If police had your car towed after a Fort Worth crash, ask the officer or the crash report which storage lot has it, then tell your adjuster the same day.
Photos and documents to keep
Good records are the best way to get a fair repair or total loss payment.
- Photos of all four sides of your car, close-ups of the damage, the other car, and the scene.
- Photos of your odometer and your dashboard warning lights.
- The crash report number and the other driver's insurance information.
- Every estimate, supplement, and final invoice.
- Tow, storage, and rental receipts.
- A log of each call with an adjuster: the date, their name, and what was said. See how to avoid getting taken advantage of by insurance adjusters.
Deadlines for a property damage claim in Texas
- Your own insurer: most policies require you to report a crash promptly. Report it within a day or two.
- Your own insurer's response: once it gets your claim, it generally has 15 days to acknowledge the claim and start investigating. After it has everything it asked for, it has 15 business days to accept or reject the claim. It must pay within 5 business days after accepting (Tex. Ins. Code ch. 542, subch. B). These deadlines cover claims on your own policy, not claims against the other driver's insurer.
- Lawsuit deadline: a suit for damage to your property generally must be filed within 2 years of the crash (Civ. Prac. & Rem. Code §16.003). See Texas filing deadlines.
- Tow hearing: request it within 14 days of the tow.
Fort Worth tip: I-35W had 12,458 reported crashes in the Fort Worth area from 2021 to 2025 (original analysis of TxDOT CRIS data), more than any other road. If your crash was on a freeway, photograph the lane and exit number. That helps the adjuster match your car damage to the crash report.
Settling your car claim doesn't have to settle your injuries
Read any property damage release before you sign it. Make sure it covers only your vehicle, not "all claims." Your car and your injuries are usually two separate claims; see property damage vs. injury claim. If you were hurt, use the Free Law Firm Consultation. A trusted local attorney will contact you promptly and evaluate your case for free.
Common questions
Can the insurance company make me use their body shop?
No. Texas law lets you choose your repair shop, and an insurer can’t say you must use its preferred shop (Tex. Ins. Code §§1952.301–1952.302). It only has to pay a reasonable amount for the repair.
Can I get diminished value from my own insurance in Texas?
Usually not. The standard Texas policy doesn’t cover diminished value after a full repair (Schaefer, 2003). You can claim it from the at-fault driver’s insurer.
How long do I have to file a property damage claim in Texas?
Report it to insurers right away. A lawsuit for property damage generally must be filed within 2 years of the crash (Civ. Prac. & Rem. Code §16.003).
Who pays for my rental car?
The at-fault driver’s insurer owes loss of use for a reasonable repair or replacement time, usually as a rental. Until it accepts fault, your own rental coverage can help.
Where do I get my Fort Worth crash report for the insurer?
Order the officer’s report through TxDOT’s Crash Report Online Purchase System, usually about 10 business days after the crash. See our crash report guide.
Back to all insurance guides. Dealing with a pushy adjuster? Read how to avoid getting taken advantage of by insurance adjusters.
Need help with your car or your claim?
Use the Free Auto Body Shop Consultation for help with repairs and estimates. If you were hurt, use the Free Law Firm Consultation: a trusted local attorney will contact you promptly and evaluate your case for free.