One of my most frequently asked questions is about property damage. I'll have someone come up to me and say, "Bruce, I was in a car wreck that wasn't my fault; the other person's insurance company has accepted responsibility and totaled out my vehicle. They've told me a check’s in the mail, but they've also told me that I can't have a rental car while I'm waiting on the check and needing to look for other cars. Is that fair, or do I have any rights?" The answer is simply, it's not fair, but that's the law.
In Texas, If your car or truck is repairable, then the insurance company must either put you in a rental car or pay for the loss of use of your vehicle. If, on the other hand, your car is or truck is declared a total loss - and that simply means it costs more to fix your vehicle than it's worth - then the only thing the insurance company has to do is pay you the fair market value of your vehicle, plus tax, title, and license; they are not obligated to put you in a rental car.
We understand that law is not fair, but you have to understand there are a lot of things about a personal injury claim that may not seem fair or may be confusing. If you or someone you know or love has been seriously injured, call the personal injury attorneys at Roberts & Roberts; we can help. The call will cost you nothing; it can mean everything.