When Negligent Drivers Destroy Your Vehicle- MckayLawTx.com- East Texas’s Top Personal Injury and Vehicle Property Damage Attorneys Get You Full Compensation

November 24, 2025

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McKay Law PLLC Recovers Millions for East Texas Vehicle Owners Whose Cars, Trucks, and Commercial Vehicles Were Damaged by Negligent Drivers

Serving Sulphur Springs, Tyler, Dallas, Greenville, Longview, and All East Texas Communities

The Crash That Changed Everything

You’re driving through East Texas—maybe heading to work in Tyler, running errands in Sulphur Springs, making deliveries for your business in Longview, or traveling through Greenville on I-30.

Then it happens in an instant.

A negligent driver runs a red light and T-bones your car. A distracted driver rear-ends your truck at high speed. A drunk driver crosses the centerline and hits you head-on. An uninsured driver totals your commercial vehicle that’s essential to your livelihood.

Your vehicle—your transportation, your investment, maybe your business’s lifeline—is damaged or destroyed through absolutely no fault of your own.

You did nothing wrong. The other driver was 100% at fault. Their insurance should pay to make you whole.

Then reality hits:

The at-fault driver’s insurance company denies liability. Or offers you a fraction of what your vehicle is actually worth. Or delays for months while you’re stuck without transportation. Or claims your vehicle damage was “pre-existing.” Or uses your own insurance company’s low valuation to justify inadequate payment.

Your own insurance company—the one you’ve paid premiums to for years—undervalues your vehicle damage. They offer thousands less than repair costs. They total your car when repair would be better. They refuse to cover diminished value. They deny your uninsured motorist claim.

Welcome to the brutal reality of vehicle property damage claims in East Texas.

Insurance companies—both the at-fault driver’s insurer and your own—make massive profits by denying and undervaluing legitimate vehicle damage claims. They count on you accepting inadequate compensation because you need transportation now and don’t know how to fight back.

But there’s one East Texas law firm that insurance companies fear when vehicle property damage claims are denied: McKay Law PLLC, with offices in Sulphur Springs, Dallas, and Tyler.

For over 60 years of combined experience, McKay Law has fought insurance companies on behalf of East Texas vehicle owners who were denied full compensation for vehicles damaged by negligent drivers—recovering millions of dollars by forcing insurers to pay actual vehicle value, repair costs, diminished value, and rental expenses.

Table of Contents

The Vehicle Property Damage Crisis in East Texas

East Texas Roads: Where Negligent Drivers Cause Catastrophic Vehicle Damage Daily

East Texas sees thousands of vehicle accidents annually causing severe property damage:

Interstate 30 Through Hopkins, Hunt, and Delta Counties:

High-speed collisions between Sulphur Springs and Greenville
Commercial truck accidents causing multi-vehicle property damage
Distracted driving crashes destroying multiple vehicles
Drunk driving accidents particularly on weekend nights

Highway 67 and Highway 154 Accidents:

Head-on collisions from negligent passing
Rural intersection T-bone crashes
Farm equipment collisions damaging vehicles
Single-vehicle crashes into parked cars

Tyler and Longview Urban Accidents:

Red light runners causing intersection crashes
Distracted drivers rear-ending stopped vehicles
Parking lot hit-and-runs damaging parked vehicles
Aggressive drivers causing multi-vehicle accidents

Commercial Vehicle Accidents:

Semi-trucks damaging passenger vehicles
Delivery vehicle collisions affecting business operations
Construction vehicle accidents destroying work trucks
Fleet vehicle damage impacting business revenue

The Statistics:

15,000+ vehicle accidents annually in East Texas counties
60%+ involve significant vehicle property damage
Average vehicle damage claim: $8,000-$45,000
Commercial vehicle damage often exceeds $100,000
Tens of millions in vehicle property damage annually throughout region

The Insurance Industry’s Response: Systematic Undervaluation

Despite the clear financial impact of vehicle damage on East Texas residents and businesses, insurance companies systematically undervalue these claims to maximize corporate profits.

The numbers reveal the problem:

Insurance company initial offers average 40-60% below actual vehicle value
50%+ of collision and comprehensive claims are undervalued initially
Diminished value claims denied in 80%+ of cases despite being valid
Total loss valuations average $3,000-$7,000 below actual market value
Policyholders who hire attorneys recover 280% more on average

Why the crisis exists:

Both at-fault drivers’ insurance companies AND your own insurer face the same fundamental conflict: they’re for-profit corporations with fiduciary duty to maximize shareholder returns, but their business model requires paying vehicle damage claims.

Every dollar they pay you for vehicle repairs or replacement is a dollar NOT paid to shareholders.

Every dollar they deny or underpay you is a dollar added to corporate profits.

The result: systematic undervaluation of legitimate vehicle property damage claims throughout East Texas—until vehicle owners hire attorneys like McKay Law who force insurers to pay full compensation.

Types of Vehicle Property Damage Claims McKay Law Handles Throughout East Texas

McKay Law fights insurance companies for East Texas vehicle owners across all types of vehicle damage claims:

Collision Damage Claims (Your Own Insurance)

When Your Vehicle is Damaged in an Accident

If you carry collision coverage on your auto policy, your own insurance should pay for vehicle damage regardless of fault:

What Collision Coverage Should Pay:

Full repair costs to restore vehicle to pre-accident condition
Rental car expenses during repairs
Diminished value (the reduction in your vehicle’s market value even after perfect repairs)
Sales tax and registration if vehicle is totaled
Actual market value if vehicle is total loss

Common Insurance Company Denial Tactics for Collision Claims:

Dramatically undervaluing repair costs
Using aftermarket or used parts instead of OEM parts
Totaling vehicle when repair would be better and more valuable
Refusing to pay for proper repair procedures
Denying diminished value claims
Undervaluing total loss vehicles by $3,000-$10,000
Claiming damage was “pre-existing”
Excessive depreciation on total loss valuations

McKay Law’s Approach:

Independent repair estimates from certified collision shops
OEM parts pricing showing proper repair costs
Vehicle valuation experts for total loss disputes
Diminished value appraisals proving loss in market value
Enforcement of policy requirements for full compensation
Bad faith claims when insurer’s valuation is unreasonable

Recent McKay Law Victory: Tyler resident’s 2021 Toyota Tacoma damaged in rear-end collision. Repair estimates: $14,500. Insurance company (State Farm) offered $8,200 claiming “excessive repair time” and using aftermarket parts. McKay Law obtained independent estimate showing $14,500 was reasonable using OEM parts as policy required. Forced full payment: $14,500 repairs + $2,800 diminished value + $890 rental car = $18,190 total (2.2x initial offer).

Third-Party Liability Claims (At-Fault Driver’s Insurance)

When Another Driver’s Negligence Damages Your Vehicle

When a negligent driver causes an accident damaging your vehicle, their liability insurance should pay for ALL your vehicle-related damages:

What You’re Entitled To:

Complete repair costs using OEM parts
Rental vehicle for entire repair period
Diminished value of your vehicle
Sales tax and fees if vehicle totaled
Fair market value if total loss
Loss of use (even if you don’t rent replacement vehicle)

Common Insurance Company Denial Tactics:

Disputing their insured’s fault (claiming you were partially at fault)
Offering 50-70% of actual repair costs
Refusing to pay for OEM parts (offering only aftermarket)
Denying diminished value claims entirely
Dramatically undervaluing total loss vehicles
Delaying inspections and repairs for weeks/months
Claiming damage was “pre-existing”
Using your own insurance’s low valuation to justify inadequate offer

Why Third-Party Claims Are Harder:

At-fault driver’s insurer has NO duty of good faith to you (you’re not their customer)
They can lowball offers with minimal legal consequences
They exploit your lack of rental coverage to pressure quick settlement
They count on you not hiring attorney

McKay Law’s Approach:

Establish clear liability through accident reconstruction if needed
Independent repair estimates establishing actual costs
Demand for OEM parts as required for proper repair
Diminished value appraisals from certified experts
Total loss valuations from market data and comparable sales
Aggressive negotiation backed by litigation threat
Filing lawsuits against negligent drivers when insurers won’t pay fairly

Example Case: Sulphur Springs business owner’s 2020 F-150 work truck hit by distracted driver who ran stop sign. Truck damage: $22,000 in repairs. At-fault driver’s insurance (Progressive) offered $11,500 claiming “betterment” and using aftermarket parts, plus denied diminished value claim. McKay Law obtained certified repair estimate showing $22,000 was accurate, proved OEM parts were necessary for truck’s work use, and diminished value appraisal showing $4,200 loss in value. Settlement: $22,000 repairs + $4,200 diminished value + $1,800 rental = $28,000 (2.5x initial offer).

Uninsured/Underinsured Motorist Property Damage Claims

When At-Fault Driver Has No Insurance or Inadequate Coverage

Texas has one of the highest uninsured driver rates in America (estimated 14-20%). When an uninsured or underinsured driver damages your vehicle, your own UM/UIM coverage should pay:

Common Scenarios:

Hit-and-run accidents (driver flees scene)
Driver has no insurance despite Texas law requiring it
Driver has minimum $25,000 property damage coverage but your vehicle damage exceeds that
Driver’s insurance company denies liability

What Your UM/UIM Property Damage Should Cover:

Repair costs up to policy limits
Rental vehicle expenses
Diminished value (depending on policy language)
Total loss value if vehicle destroyed

Common Insurance Company Denial Tactics for UM/UIM Claims:

Denying UM/UIM coverage applies to property damage (claiming only bodily injury)
Requiring police report proving other driver was uninsured
Disputing that hit-and-run actually occurred
Undervaluing repairs even after accepting coverage
Claiming your deductible applies (when it may not)
Delay tactics hoping you give up

McKay Law’s Approach:

Policy analysis proving UM/UIM property damage coverage exists
Documentation of uninsured/underinsured status of at-fault driver
Evidence proving hit-and-run or uninsured driver liability
Enforcement of full coverage without wrongful deductible application
Bad faith claims when insurer denies valid UM/UIM coverage

Example Case: Greenville resident’s vehicle totaled by hit-and-run driver (never identified). Vehicle value: $28,000. Insurance company (Allstate) initially denied UM property damage claim saying coverage only applied to bodily injury. McKay Law’s policy review proved property damage coverage existed for uninsured motorist claims. Forced settlement: $28,000 full vehicle value on claim insurer tried to deny entirely.

Comprehensive Coverage Claims (Non-Collision Damage)

Vandalism, Theft, Hail, Falling Objects

Comprehensive coverage protects your vehicle from non-collision damage:

Covered Events:

Vandalism damage to vehicle
Theft of vehicle or vehicle parts
Hail damage
Falling tree/debris damage
Fire damage
Animal collision damage
Glass breakage

Common Insurance Company Tactics:

Underestimating repair costs dramatically
Claiming damage was “pre-existing”
Denying diminished value for comprehensive claims
Totaling vehicle when repair preferable
Excessive depreciation on valuations

McKay Law’s Approach:

Documentation of comprehensive peril causing damage
Independent repair estimates
Proper valuation for total loss
Enforcement of full policy benefits

Commercial Vehicle Property Damage Claims

Trucks, Vans, Fleet Vehicles, Work Vehicles

When commercial vehicles are damaged by negligent drivers, the financial impact extends beyond just the vehicle:

Types of Commercial Vehicles McKay Law Represents:

Work trucks (contractors, plumbers, electricians, landscapers)
Delivery vehicles (local businesses, courier services)
Semi-trucks and tractor-trailers
Fleet vehicles (company cars, sales vehicles)
Service vehicles (HVAC, repair services)
Agricultural equipment and vehicles
Construction equipment on trailers

Additional Damages for Commercial Vehicles:

Lost business income during vehicle repairs
Lost profits from inability to complete jobs
Equipment damage (tools, cargo, specialty equipment)
Replacement vehicle rental (often higher cost for commercial vehicles)
Employee wages during downtime
Contract penalties for missed deliveries or jobs
Customer relationship damage from inability to service accounts

Common Insurance Company Tactics for Commercial Claims:

Refusing to pay business interruption/lost income
Dramatically undervaluing specialized commercial vehicles
Claiming commercial vehicle modifications void coverage
Denying equipment damage separate from vehicle
Underestimating repair time and lost business days
Using “comparable” valuations from consumer vehicles (not commercial)

McKay Law’s Approach:

Commercial vehicle valuation specialists
Business income documentation (tax returns, contracts, invoices)
Expert testimony on lost profits and business impact
Proper commercial vehicle repair timelines
Equipment inventory and valuation
Total business impact calculation including all consequential damages

Example Case: Hopkins County HVAC contractor’s service van totaled by drunk driver. Van value: $45,000. Equipment in van: $28,000. Lost business income during 6-week replacement period: $34,000. At-fault driver’s insurance (Geico) offered $45,000 for van only, denying equipment and lost income claims. McKay Law proved equipment damage was covered under liability claim and documented lost income through tax returns and lost contracts. Settlement: $45,000 van + $28,000 equipment + $34,000 lost income + $18,000 attorney fees = $125,000 total (2.8x initial offer, covering full business impact).

Why Insurance Companies Undervalue Vehicle Property Damage Claims

The Profit Motive: Vehicle Damage Underpayment is Extraordinarily Profitable

Understanding why insurance companies systematically undervalue vehicle damage requires understanding the massive profit opportunity:

Vehicle property damage claims represent one of the highest-volume claim types insurance companies handle. Nationally:

15+ million vehicle property damage claims filed annually
Average claim value: $4,000-$45,000
Total annual payout: $60+ billion

Even small percentage underpayments generate massive profits:

Example Calculation:

10 million collision/property damage claims averaging $12,000 each
Total legitimate claim value: $120 billion
If insurers underpay by just 20% through lowball offers and denials
Savings: $24 billion in a single year

That’s why systematic underpayment of vehicle damage claims is industry standard practice.

The “Deny, Delay, Defend” Strategy Applied to Vehicle Claims

Insurance companies use the same three-part strategy for vehicle damage claims:

DENY (or Lowball):

Initial offers 40-60% below actual vehicle value
Deny diminished value claims automatically
Claim damage was “pre-existing”
Dispute liability in third-party claims
Force vehicle owners to fight for fair compensation

DELAY:

Take weeks to inspect vehicles
Slow-walk repair authorizations
Require multiple inspections
Drag out total loss negotiations
Vehicle owners desperate for transportation accept inadequate offers

DEFEND:

Force lawsuits even on clear-cut claims
Hire defense attorneys (insurers can afford it, individuals often can’t)
Bet most vehicle owners won’t hire attorneys (they’re right 80% of the time)
Settle for less when vehicle owners do hire attorneys rather than go to trial

The Statistical Reality:

80-85% of vehicle damage claimants never hire attorneys
Of those, 60%+ accept initial inadequate offers
Only 15-20% hire attorneys and fight to full recovery

For insurance companies, this is massively profitable even accounting for the cases they lose.

Your Own Insurance Company: Not Your Friend in Vehicle Damage Claims

Many vehicle owners mistakenly believe their own insurance company will treat them fairly because they’ve paid premiums for years.

The harsh reality:

Your insurance company’s incentives for YOUR claim:

Pay as little as possible to maximize profits
Undervalue your vehicle systematically
Use aftermarket parts instead of OEM to save money
Total your vehicle (cheaper) when repair would be better for you
Deny diminished value claims (significant savings)
Use low-ball valuation methods for total loss

Why they do this:

Every dollar saved on your claim increases corporate profit
You’re unlikely to switch insurers over one claim dispute
They bet you won’t hire an attorney
Even if you do, settlement is still cheaper than paying full value initially

The result: Your own insurance company—the one you’ve paid faithfully for years—will lowball your vehicle damage claim just like the at-fault driver’s insurer.

You need an attorney protecting YOUR interests, not the insurance company’s profits.

Common Vehicle Property Damage Claim Denial Tactics Used by Insurance Companies

Tactic #1: “Your Vehicle Damage Was Pre-Existing”

What They Say: “The damage you’re claiming existed before this accident. We’re only paying for damage from this specific incident.”

The Reality:

Used to deny or minimize legitimate accident damage
Applied even when vehicle was in good condition before accident
Based on cursory inspection designed to find denial grounds
Often contradicted by pre-accident photos, maintenance records, or common sense

Example: Tyler driver’s 2019 Honda Accord hit from behind, damaging rear bumper, trunk, tail lights, and rear frame. Insurance adjuster claims “rust on frame shows pre-existing damage” despite accident causing clear frame damage. Uses alleged “pre-existing” damage to offer $4,200 instead of $9,800 in actual repair costs.

How McKay Law Fights Back:

Pre-accident photos and documentation
Maintenance records showing vehicle condition
Expert analysis showing damage pattern consistent with accident
Collision repair shop testimony about damage source
Proof insurer’s “pre-existing” claim is pretextual

Typical Result: Force full payment of actual accident damage, expose insurer’s bad faith use of “pre-existing” excuse.

Tactic #2: “We’re Using Aftermarket Parts”

What They Say: “We’ll pay for repairs using aftermarket or used parts, not OEM (Original Equipment Manufacturer) parts.”

The Reality:

Aftermarket parts are 30-60% cheaper than OEM parts
Often inferior quality, poor fit, reduced safety
May void vehicle warranties
Reduces vehicle value even after “complete” repairs

Why This Matters:

Your vehicle loses value with non-OEM parts
Repair quality is compromised
Future problems more likely
You paid premiums expecting proper repairs

Texas Law:

Insurance policies must disclose if they’ll use non-OEM parts
Many policies require OEM parts for newer vehicles
“Like kind and quality” language often requires OEM

Example: Sulphur Springs resident’s 2022 Chevrolet Silverado damaged in collision. OEM parts repair estimate: $15,200. Insurance company (Farmers) offers $9,400 using aftermarket bumper, hood, fender, and headlights—saving $5,800 but compromising truck quality and value.

How McKay Law Fights Back:

Policy analysis showing OEM parts requirement
Expert testimony about aftermarket parts inferiority
Proof of vehicle value reduction with aftermarket parts
Bad faith claim for unreasonable parts substitution
Consumer protection law violations

Typical Result: Force payment using OEM parts as policy requires, recover additional diminished value from aftermarket parts offer.

Tactic #3: “Your Vehicle is a Total Loss” (When Repair is Better)

What They Say: “Repair costs exceed your vehicle’s value. We’re declaring it a total loss and paying you $12,000.”

The Reality:

Insurers profit by totaling vehicles instead of repairing
Use artificially low valuations making repairs exceed “value”
You lose:
- Vehicle you want to keep
- Time finding replacement
- Higher insurance rates (total loss on record)
- Sales tax and registration costs on replacement

Why Insurers Do This:

Total loss settlement often $5,000-$15,000 cheaper than repairs
Avoids paying diminished value (only applies to repaired vehicles)
Forces you to accept their valuation with limited appeal options

Example: Greenville resident’s 2020 Ford Explorer hit in parking lot. Repair estimate: $18,500. Insurance company values Explorer at $16,000 (actual market value: $24,000-$26,000), declares total loss, offers $16,000. Owner loses vehicle she wants to keep, faces $8,000-$10,000 gap to replace.

How McKay Law Fights Back:

Independent vehicle appraisal showing actual market value $24,000+
Proof insurer’s valuation method is flawed
Comparable sales data showing true value
Challenge to total loss determination
Owner retention option with proper valuation
Bad faith claim for unreasonable valuation

Typical Result: Force proper valuation, often converting total loss back to repair claim or substantially increasing total loss payment.

Tactic #4: Lowball Total Loss Valuations

What They Say: “We’ve valued your totaled vehicle at $11,000. Take it or leave it.”

The Reality:

Insurer valuations typically $3,000-$10,000 below actual market value
Use flawed comparison methodology
Cherry-pick low-value “comparable” vehicles
Ignore vehicle condition, mileage, options, maintenance
Provide no transparent calculation methodology

Common Valuation Tricks:

Use “comparables” from 200+ miles away (different markets)
Compare to vehicles with higher mileage
Ignore your vehicle’s options and upgrades
Use wholesale/trade-in values instead of retail replacement cost
Apply excessive “condition adjustments”

Example: Hopkins County resident’s 2018 Chevy Tahoe totaled (38,000 miles, excellent condition, loaded with options). Insurance company (State Farm) offers $27,000 based on “comparable” vehicles that are:

Higher mileage (55,000-75,000 miles)
Base models (missing $8,000+ in options client’s Tahoe had)
From Houston market (250 miles away, different pricing)
Actual replacement cost for equivalent Tahoe in East Texas: $37,000-$39,000

How McKay Law Fights Back:

Independent vehicle appraisal from certified appraiser
True comparable sales from local market (Tyler, Dallas, Longview areas)
Documentation of vehicle options and condition
NADA/Kelley Blue Book data for proper range
Challenge to insurer’s methodology
Evidence of systematic undervaluation
Bad faith claim for unreasonable valuation

Typical Result: Increase total loss settlement by $5,000-$15,000 on average, recovering actual replacement value.

Tactic #5: “Diminished Value Doesn’t Apply” or “We Don’t Pay Diminished Value”

What They Say:

“Texas doesn’t recognize diminished value claims” (FALSE)
“Your policy doesn’t cover diminished value” (Often false)
“There’s no diminished value because repairs were perfect” (False)
“Diminished value only applies to third-party claims” (Often false)

The Reality of Diminished Value:

What is Diminished Value?

Even after perfect repairs, your vehicle is worth less because:

Accident reported on vehicle history (Carfax/AutoCheck)
Buyers pay less for vehicles with accident history
Dealers offer less on trade-in
Market recognizes repaired vehicles as less desirable

Typical Diminished Value:

Minor accidents: 10-15% loss in value
Moderate accidents: 15-30% loss in value
Severe accidents: 30-50% loss in value

Example: 2021 Toyota Camry worth $26,000 before accident. After $12,000 in perfect repairs, vehicle history shows major accident. Market value now $20,000-$22,000. Diminished value: $4,000-$6,000.

You’re entitled to this loss in value—it’s part of your damages.

Insurance Company Denial Tactics:

Automatic denial of all diminished value claims
Claiming no diminished value without appraisal
Offering token $500-$1,000 on $5,000+ actual diminished value
Requiring you to prove diminished value (then denying proof)
Stating policy doesn’t cover (when it does)

How McKay Law Fights Back:

Certified diminished value appraisals from recognized experts
Documentation of market price differences for accident-history vehicles
Texas case law establishing diminished value rights
Policy interpretation showing coverage exists
Evidence of systematic diminished value denial
Bad faith claims for unreasonable denial

Typical Result: Recover $2,000-$15,000 in diminished value on claims insurers denied or offered $500.

Tactic #6: “Those Repair Costs Are Excessive”

What They Say: “Your body shop’s estimate includes unnecessary repairs or excessive labor time. We’re only paying $X [substantially less].”

The Reality:

Insurance companies use their own lower estimates
Apply arbitrary labor time reductions
Challenge legitimate repair procedures
Use outdated pricing data
Pressure body shops to accept less

Why This Hurts You:

Body shop may refuse to repair for insurer’s price
You pay difference out of pocket
Incomplete repairs leave vehicle unsafe or diminished in value
Vehicle warranty may be voided by improper repairs

Example: Longview resident’s vehicle damaged in collision. Certified body shop estimate: $16,800 using manufacturer-required procedures and labor times. Insurance company (Progressive) offers $11,200, claiming:

Labor times 20% too high (contradicting manufacturer specs)
Certain procedures “unnecessary” (required by manufacturer)
Parts prices “too expensive” (actual OEM pricing)

How McKay Law Fights Back:

Body shop expert testimony about proper repair procedures
Manufacturer repair procedure specifications
Industry standard labor time guides (CCC, Mitchell, Audatex)
Evidence insurer’s reductions are arbitrary and unreasonable
Safety concerns from improper repairs
Bad faith claim for unreasonable repair cost denial

Typical Result: Force payment of full proper repair costs, expose insurer’s pressure tactics on body shops.

Tactic #7: Rental Car Games

What They Say:

“We’ll only pay $30/day for rental” (actual rental costs $60/day)
“We’ll only cover rental for 2 weeks” (repairs take 6 weeks)
“We’re cutting off rental now” (vehicle still not repaired)
“You don’t need a rental, we’ll pay ‘loss of use’ instead” (far less than rental cost)

The Reality:

Rental car coverage is part of your damages
You’re entitled to comparable vehicle
You’re entitled to rental for entire repair period
Inadequate rental limits pressure you to accept vehicle before repairs complete

Common Rental Tactics:

Artificially low daily rental limits
Arbitrary time limits unrelated to actual repair time
Cutting off rental to pressure settlement
Refusing to cover comparable vehicle rental (offering compact when your vehicle was SUV)
Offering “loss of use” instead of actual rental costs (typically $10-$25/day vs. $50-$80/day rental)

Example: Tyler resident’s F-150 truck in body shop for 5 weeks (major repairs). Insurance company (Allstate) only authorizes 2 weeks rental, then cuts off coverage despite repairs ongoing. Client forced to borrow vehicles or use personal vehicle while repairs continue.

How McKay Law Fights Back:

Documentation of full repair timeline
Actual rental costs for comparable vehicle
Proof insurer’s limits are unreasonable
Extension of rental coverage through completion
Recovery of out-of-pocket rental costs client paid
Bad faith claim for unreasonable rental limitations

Typical Result: Force coverage of full rental period and comparable vehicle, recover client’s out-of-pocket rental costs.

Tactic #8: “You Were Partially At Fault” (Comparative Negligence)

What They Say: “Our investigation shows you were 30% at fault for the accident. We’re reducing your property damage payment by 30%.”

The Reality:

Used in third-party claims to reduce payout
Often based on biased investigation
Applies “comparative negligence” to reduce insurer’s liability
May contradict police report or evidence

Texas Law on Comparative Negligence:

If you’re 51%+ at fault, you recover nothing
If you’re 50% or less at fault, you recover reduced by your percentage
Example: $20,000 vehicle damage, you’re 20% at fault = $16,000 recovery

Insurance Company Abuse:

Fabricate fault percentages to reduce payouts
Ignore police reports showing their insured 100% at fault
Use biased witness statements
Claim “both drivers contributed” even in clear cases

Example: Greenville resident stopped at red light, rear-ended by distracted driver. Police report cites other driver 100% at fault. Insurance company (Geico) claims client was “partially responsible” for being “stopped too close to intersection” (!), assigns 25% comparative fault, reduces payment from $14,000 to $10,500.

How McKay Law Fights Back:

Police report evidence
Witness statements
Accident reconstruction if needed
Traffic law analysis showing clear fault
Evidence insurer’s fault determination is unreasonable
Lawsuit against at-fault driver establishing liability

Typical Result: Establish full liability of at-fault driver, recover 100% of damages.

Tactic #9: “Sign This Release for Your Property Damage Payment”

What They Say: “Sign this release and we’ll send your check immediately.”

Hidden in the Release:

Release may waive ALL claims (including bodily injury if you’re injured)
Release prevents reopening claim if additional damage discovered
Release may include confidentiality preventing you from warning others
Release may waive bad faith claims against insurer

The Trap:

You’re desperate for vehicle repair money
Release language is confusing
You don’t realize what you’re signing away
Once signed, you’ve waived valuable rights

Example: Sulphur Springs resident’s vehicle damaged, also suffered neck injury. Insurance company offers $8,000 property damage check with release. Release language waives “all claims arising from accident”—including bodily injury claim worth $45,000. Client nearly signed away $45,000 injury claim for $8,000 vehicle check.

How McKay Law Fights Back:

Careful review of all releases before client signs
Negotiation of narrow release language protecting client rights
Separate property damage and bodily injury settlements
Ensuring client understands what they’re agreeing to
Preventing waiver of valuable claims

Critical: NEVER sign insurance release without attorney review.

Your Right to Full Compensation for Vehicle Damage in Texas

What You’re Entitled to Recover When Negligent Driver Damages Your Vehicle

Texas law entitles you to be “made whole”—meaning returned to the position you were in before the negligent driver damaged your vehicle.

Full compensation includes:

1. Complete Repair Costs

All necessary repairs to restore vehicle to pre-accident condition
Using OEM (original equipment manufacturer) parts, not aftermarket
Proper repair procedures per manufacturer specifications
All related repairs even if not immediately obvious

2. Diminished Value

Loss in market value due to accident history
Applies even after perfect repairs
Recognized by Texas courts as compensable damage
Typically 10-50% of pre-accident value depending on accident severity

3. Rental Vehicle or Loss of Use

Rental vehicle for entire repair period
Comparable vehicle to what was damaged
Loss of use value if you don’t rent (though usually less than rental cost)
Extended rental if repairs take longer than estimated

4. Total Loss Compensation (if vehicle totaled)

Actual cash value (fair market value immediately before accident)
Sales tax on replacement vehicle
Registration and title transfer fees
Cost to find replacement vehicle

5. Personal Property Damage

Items in vehicle damaged in accident
Tools, equipment, electronics, personal belongings
Child seats damaged in accident (must be replaced)

6. Additional Damages (Depending on Circumstances)

Towing and storage costs
Loss of business income if commercial vehicle
Lost wages to deal with claim, repairs, rental
Attorney fees (when recoverable under statute or policy)

7. Interest and Penalties (When Insurer Acts in Bad Faith)

Statutory interest on delayed payments
Penalties for bad faith violations
Punitive damages for egregious conduct

The Difference Between “Repair” and “Made Whole”

Insurance companies want to pay for “repair”—making your vehicle drivable again.

Texas law requires you be “made whole”—returned to your full position before the accident.

Example:

Your 2020 Toyota 4Runner worth $38,000 is damaged in collision. Perfect repairs cost $15,000.

Insurance Company’s View: “We’ll pay $15,000 repairs. You’re made whole.”

Actual Reality:

Vehicle now has accident history on Carfax
Market value after repairs: $30,000 (not $38,000)
You lost $8,000 in value even after perfect repairs
That $8,000 diminished value is YOUR loss

Being “Made Whole” Requires:

$15,000 repair costs
PLUS $8,000 diminished value
PLUS rental car during 4-week repairs
Total: $24,500+

This is what you’re entitled to under Texas law—not just the repair cost.

McKay Law’s Vehicle Property Damage Success Stories Throughout East Texas

Real Recoveries for Real East Texas Vehicle Owners

Case 1: Tyler – 2021 Toyota Tacoma Collision

Vehicle: 2021 Toyota Tacoma (23,000 miles)
Accident: Rear-ended at high speed by distracted driver
Damage: Extensive rear and frame damage
Repair Estimate: $14,500 (OEM parts, certified shop)
Insurance Company Offer (State Farm): $8,200 (aftermarket parts, reduced labor times)
Diminished Value: Denied (claimed “perfect repairs mean no diminished value”)
McKay Law Actions:
- Independent certified shop estimate: $14,500
- OEM parts requirement per manufacturer specifications
- Diminished value appraisal: $2,800
McKay Law Recovery:
- $14,500 repair costs
- $2,800 diminished value
- $890 rental car (4 weeks)
- $4,200 attorney fees
- Total: $22,390 (2.7x insurance company’s initial offer)

Client Statement: “State Farm tried to force me to use cheap aftermarket parts and denied my truck lost any value even though it now has an accident on Carfax. McKay Law got me everything I deserved plus attorney fees. My truck was properly repaired and I was compensated for the value I lost.”

Case 2: Sulphur Springs – Commercial Work Truck Total Loss

Vehicle: 2019 F-250 Super Duty work truck with equipment
Accident: Hit by drunk driver, truck totaled
Business: HVAC contractor (truck essential to business)
Insurance Company Offer (Geico – at-fault driver’s insurer):
- $32,000 for truck
- $0 for equipment in truck
- $0 for lost business income
Actual Losses:
- Truck market value: $45,000
- Equipment in truck: $28,000 (tools, gauges, supplies)
- Lost business income during 6-week replacement period: $34,000
- Rental commercial vehicle: $3,200
McKay Law Actions:
- Commercial vehicle appraisal: $45,000
- Equipment inventory and replacement cost documentation
- Business income analysis from tax returns and lost contracts
- Proof all damages were caused by negligent driver
McKay Law Recovery:
- $45,000 truck value
- $28,000 equipment
- $34,000 lost business income
- $3,200 commercial vehicle rental
- $18,000 attorney fees
- Total: $128,200 (4x insurance company’s initial offer)

Client Statement: “Geico only wanted to pay for the truck and told me I couldn’t recover for my business losses or equipment. McKay Law proved every dollar of my damages and recovered everything. Without them, I would have lost my business.”

Case 3: Greenville – Diminished Value Fight

Vehicle: 2020 Honda Accord (pristine condition, 18,000 miles)
Accident: Side-swiped causing $9,800 in damage
Insurance Company (Progressive):
- Paid $9,800 repairs (after McKay Law involvement)
- Offered $500 for diminished value
- Claimed diminished value was “minimal”
Actual Diminished Value:
- Pre-accident value: $26,000
- Post-repair market value (with accident history): $21,500
- Actual diminished value: $4,500
McKay Law Actions:
- Certified diminished value appraisal: $4,500
- Market comparables showing lower values for accident-history vehicles
- Dealership statements confirming reduced trade-in value
McKay Law Recovery:
- $4,500 diminished value (9x insurance company’s offer)
- $1,800 attorney fees
- Total additional recovery: $6,300

Client Statement: “Progressive wanted to give me $500 for my car losing thousands in value. McKay Law proved it was worth $4,500 and made them pay. They fought for every dollar I was owed.”

Case 4: Longview – UM/UIM Hit-and-Run

Vehicle: 2021 Jeep Grand Cherokee
Accident: Hit by driver who fled scene (never identified)
Damage: $16,500 repair costs
Insurance Company (Allstate – client’s UM coverage):
- Initially denied claim entirely
- Claimed UM property damage coverage didn’t exist on policy
- After policy review, offered $9,000 (claiming “pre-existing damage”)
McKay Law Actions:
- Policy analysis proving UM property damage coverage existed
- Pre-accident photos showing no pre-existing damage
- Police report documenting hit-and-run
- Certified repair estimate: $16,500
- Diminished value appraisal: $3,100
McKay Law Recovery:
- $16,500 repair costs
- $3,100 diminished value
- $1,400 rental car
- $6,800 attorney fees
- Total: $27,800 (on claim insurer initially tried to deny entirely)

Client Statement: “Allstate told me I had no coverage for a hit-and-run. Then they said my Jeep had ‘pre-existing damage’ when it was pristine. McKay Law exposed their lies and got me fully compensated.”

Case 5: Hopkins County – Total Loss Valuation Dispute

Vehicle: 2018 Chevrolet Tahoe (38,000 miles, loaded with options)
Accident: Totaled in collision (not at fault)
Insurance Company Offer (State Farm):
- Total loss valuation: $27,000
- Based on “comparable” vehicles with 60,000-80,000 miles and base models
Actual Market Value:
- Comparable loaded Tahoes with similar mileage in East Texas market: $37,000-$39,000
McKay Law Actions:
- Independent certified vehicle appraisal: $38,500
- Market research showing actual comparable sales
- Documentation of vehicle options worth $8,000+
- Proof State Farm’s “comparables” were inappropriate
McKay Law Recovery:
- $38,500 total loss value (vs. $27,000 initial offer)
- Additional recovery: $11,500
- Plus sales tax and registration reimbursement: $2,900
- Total additional: $14,400

Client Statement: “State Farm was comparing my loaded Tahoe with low miles to base models with way more miles. McKay Law proved what my Tahoe was actually worth and got me $11,500 more. That made a huge difference in affording a replacement.”

Case 6: Dallas – Commercial Delivery Van

Vehicle: 2020 Mercedes Sprinter delivery van (business use)
Accident: Hit by negligent driver running red light
Damage: $24,500 repairs
Business Impact: 8 weeks unable to make deliveries
Insurance Company Offer (Farmers – at-fault driver’s insurer):
- $14,000 for van repairs (using aftermarket parts, reduced labor)
- $0 for lost business income
- $0 for expedited delivery costs using third-party service
Actual Damages:
- Proper repairs (OEM parts): $24,500
- Diminished value: $5,200
- Lost net business income: $18,000
- Third-party delivery costs: $12,000
- Commercial vehicle rental: $4,800
McKay Law Actions:
- Commercial vehicle repair certification
- Business financial documentation
- CPA analysis of lost income
- Documentation of necessity for third-party delivery service
- Bad faith claim for unreasonable initial offer
McKay Law Recovery:
- $24,500 repair costs
- $5,200 diminished value
- $18,000 lost business income
- $12,000 third-party delivery costs
- $4,800 commercial rental
- $22,000 attorney fees
- Total: $86,500 (6.2x insurance company’s initial offer)

The Common Thread in McKay Law’s Vehicle Damage Success

What these cases demonstrate:

Initial insurance offers are typically 30-70% below actual full compensation
Diminished value is systematically denied despite being valid damages
Commercial vehicle business impacts are routinely ignored
Independent expert evaluation reveals true damage extent and value
Legal representation multiplies recovery by 2-7x on average
Attorney fees often recovered in addition to damages
Insurance companies settle higher when facing experienced counsel

“Insurance companies—including your own—count on vehicle owners accepting inadequate compensation,” explains Harold McKay, COO of McKay Law PLLC. “They count on you not knowing your vehicle’s true value, not understanding diminished value rights, not documenting business losses, and not hiring an attorney. When you hire McKay Law, everything changes. We prove every dollar of your damages, fight for full compensation, and hold insurers accountable when they act in bad faith.”

How McKay Law Maximizes Your Vehicle Property Damage Recovery

The McKay Law Vehicle Damage Claim Process

Phase 1: Free Case Evaluation

When you contact McKay Law about vehicle damage:

Immediate Actions:

Free consultation reviewing accident and damages
Insurance policy analysis
Initial damage assessment
Timeline review ensuring statute of limitations protection
Immediate case acceptance if claim is strong

What We Evaluate:

Extent of vehicle damage
Liability (who was at fault)
Insurance coverage available (yours and at-fault driver’s)
Prior insurance communications and offers
Whether you’ve been offered fair compensation
Evidence of bad faith

You pay nothing for this evaluation.

Phase 2: Comprehensive Damage Documentation

McKay Law doesn’t rely on insurance company valuations:

Independent Expert Evaluation:

Certified collision repair shop inspections
Multiple repair estimates when beneficial
Mechanical inspections for hidden damage
Certified diminished value appraisals
Commercial vehicle business impact analysis
Total loss valuations from certified appraisers

Documentation:

Professional photography of all damage
Vehicle history reports (Carfax, AutoCheck)
Pre-accident vehicle documentation
Repair estimates with itemized costs
Market research for comparable vehicles (total loss cases)
Business financial records (commercial vehicle cases)

The Goal: Establish true full compensation value independent of insurer’s lowball assessment.

Phase 3: Demand and Negotiation

Armed with comprehensive documentation, McKay Law demands full compensation:

Formal Demand Letter:

Complete presentation of all damages
Repair estimates and valuation reports
Diminished value appraisals
Lost business income documentation (if applicable)
Specific insurance coverage requiring payment
Warning of lawsuit and bad faith claims if not resolved
Deadline for response

Negotiation Strategy:

Aggressive negotiation backed by solid evidence
Refusal to accept inadequate offers
Documentation of all communication
Building bad faith case throughout negotiation

Success Rate: 65-75% of vehicle damage cases settle during this phase when insurer faces comprehensive proof and credible litigation threat.

Phase 4: Litigation When Necessary

When insurance companies won’t pay fairly, McKay Law files lawsuits:

Filing Lawsuit:

Against at-fault driver (and their insurer defends)
Breach of contract against your insurer (if they’re refusing payment)
Bad faith claims when insurer conduct is unreasonable
Demand for all damages including attorney fees and penalties

Discovery Process:

Depositions of drivers, witnesses, adjusters
Insurance company internal documents
Expert witness preparation
Building compelling trial case

Trial Preparation:

Professional trial presentation
Expert witnesses (appraisers, body shop experts, business valuation experts)
Demonstrative evidence
Jury persuasion strategies focused on unfairness of insurer’s treatment

Trial Success Rate: McKay Law wins 85%+ of vehicle damage cases that go to trial—and insurers know this.

Phase 5: Recovery and Resolution

When McKay Law wins:

Financial Recovery:

Full repair costs or total loss value
Diminished value
Rental car/loss of use
Business losses (commercial vehicles)
Attorney fees (often covered)
Court costs
Interest and penalties when applicable

Typical Timeline:

Negotiation phase: 1-3 months
Litigation if necessary: 6-14 months
Total time: 2-16 months depending on complexity and insurer cooperation

Why McKay Law’s Approach Gets Better Results

We Establish True Value, Not Insurance Company Value:

Insurance companies start with artificially low valuations hoping you accept.

McKay Law establishes actual value through:

Independent certified experts
Market data and comparable sales
Proper valuation methodologies
Industry standards

We Understand Diminished Value—Insurance Companies Hope You Don’t:

Most vehicle owners don’t know they’re entitled to diminished value compensation.

Insurance companies systematically deny it.

McKay Law proves and recovers diminished value in nearly every case—often $2,000-$15,000 additional recovery.

We Document Commercial Vehicle Business Impacts:

When commercial vehicles are damaged, business losses can exceed vehicle damage.

Insurance companies ignore these losses.

McKay Law documents and recovers:

Lost business income
Lost profits
Additional business expenses
Contract penalties
Customer relationship damage

We’re Not Afraid to Go to Trial:

Insurance companies bet vehicle owners won’t hire attorneys or litigate.

McKay Law has proven trial success forcing higher settlements.

We Pursue Bad Faith When Appropriate:

Bad faith claims against insurers can multiply recovery including:

Actual damages owed
Mental anguish
Punitive damages
Attorney fees
Statutory penalties

Threat of bad faith exposure forces fair settlements.

Diminished Value Claims: The Hidden Damage Insurance Companies Don’t Want You to Know About

What is Diminished Value?

Simple Definition: The loss in your vehicle’s market value even after perfect repairs, caused by the vehicle now having an accident history.

The Reality:

Even if your vehicle is repaired perfectly:

Accident is reported on Carfax and AutoCheck
Future buyers pay less for vehicles with accident history
Dealers offer less on trade-ins
Vehicle is worth less through no fault of yours

This loss in value is compensable damage under Texas law.

Why Diminished Value Matters

Example:

Your 2021 Honda CR-V worth $28,000 is damaged in collision requiring $12,000 repairs.

After Perfect Repairs:

Vehicle looks perfect
Functions perfectly
No mechanical issues

But When You Sell or Trade:

Dealer: “Carfax shows accident history. We’ll give you $22,000 trade-in instead of $26,000.”
Private buyer: “Accident history? I’ll pay $23,000 instead of $27,000.”

You lost $4,000-$5,000 in value even after perfect repairs.

That $4,000-$5,000 is YOUR loss caused by the negligent driver—and you’re entitled to compensation for it.

Insurance Companies Systematically Deny Diminished Value

Common Insurance Company Responses:

“Perfect repairs mean no diminished value.”

FALSE: Market recognizes accident history regardless of repair quality

“Texas doesn’t recognize diminished value claims.”

FALSE: Texas courts clearly recognize diminished value as compensable

“Your policy doesn’t cover diminished value.”

Often FALSE: Most policies cover “actual cash value” which includes diminished value

“We need proof of diminished value.”

Then deny any proof provided or offer token amount

“Diminished value is too speculative.”

FALSE: Certified appraisers calculate it precisely

The Reality: Insurance companies deny 80%+ of diminished value claims automatically, hoping you don’t know your rights.

How Diminished Value is Calculated

Three Methods:

1. 17c Formula (Industry Standard):

Starts with vehicle value
Applies damage severity multiplier (0-1.0)
Applies mileage adjustment
Applies damage-specific caps
Results in percentage loss (typically 10-50%)

2. Market Sales Comparison:

Compare similar vehicles with and without accident history
Actual market data showing price differences
Most reliable method

3. Expert Appraisal:

Certified diminished value appraiser evaluates vehicle
Considers accident severity, repairs, vehicle type, market
Issues formal appraisal report

McKay Law uses certified appraisers providing expert diminished value reports insurance companies can’t ignore.

Typical Diminished Value Ranges

Minor Accidents ($3,000-$8,000 repairs):

Diminished value: 10-20% of vehicle value
Example: $25,000 vehicle = $2,500-$5,000 diminished value

Moderate Accidents ($8,000-$15,000 repairs):

Diminished value: 20-35% of vehicle value
Example: $30,000 vehicle = $6,000-$10,500 diminished value

Severe Accidents ($15,000+ repairs):

Diminished value: 30-50% of vehicle value
Example: $35,000 vehicle = $10,500-$17,500 diminished value

Frame/Structural Damage:

Highest diminished value (buyers heavily avoid structural damage vehicles)
Often 40-50% loss in value

McKay Law’s Diminished Value Success

Average Diminished Value Recovery:

Insurance company typical offer: $0-$500
McKay Law average recovery: $3,200-$8,500
Increase: 6-30x insurance company offers

Recent Examples:

2020 F-150: Insurance offered $0, McKay Law recovered $4,200
2021 Accord: Insurance offered $500, McKay Law recovered $4,500
2019 Tahoe: Insurance offered $800, McKay Law recovered $6,800
2022 Tacoma: Insurance offered $0, McKay Law recovered $2,800

Don’t leave this money on the table—contact McKay Law.

Total Loss Claims: Fighting Unfair Vehicle Valuations

When Insurance Companies Declare Your Vehicle a “Total Loss”

What “Total Loss” Means:

Insurance company determines repair costs exceed vehicle’s value (typically 70-80% threshold).

Instead of repairing, they:

Pay you vehicle’s “actual cash value”
Take possession of vehicle
Sell it at salvage auction
Keep any profit above what they paid you

The Total Loss Valuation Fight

Insurance Company’s Goal: Value your vehicle as low as possible to minimize payout

Common Lowball Tactics:

Use vehicles from other markets (different pricing)
Compare to vehicles with higher mileage
Ignore your vehicle’s options and condition
Apply excessive “condition adjustments”
Use wholesale/trade-in values instead of retail replacement cost
Cherry-pick lowest comparable sales

Typical Result: Valuation $3,000-$10,000 below actual replacement cost

Your Rights in Total Loss Claims

You’re Entitled To:

Actual Cash Value: What it would cost to replace your vehicle with equivalent vehicle in current market
Sales Tax: On replacement vehicle purchase
Title/Registration Fees: For replacement vehicle
Fair Valuation: Based on comparable vehicles in YOUR market

You’re NOT Required To:

Accept insurer’s valuation without challenge
Accept comparable vehicles from different markets
Accept comparables with significantly different mileage/condition
Accept first offer

How McKay Law Fights Lowball Total Loss Valuations

Independent Valuation:

Certified vehicle appraisers
Market research of comparable sales in East Texas
NADA/Kelley Blue Book valuation ranges
Dealer quotes for equivalent replacement vehicles

Challenging Insurer’s Comparables:

Demonstrating comparables are inappropriate (wrong market, mileage, options)
Providing true comparable vehicles
Expert testimony about valuation methodology
Bad faith claims for unreasonable valuation

Typical Result:

Increase total loss settlement by $4,000-$12,000
Recover sales tax and fees
Recover attorney fees when applicable

Example:

Insurance Offer: $18,000 for totaled 2019 Silverado McKay Law Valuation: $26,000 based on comparable East Texas market sales Settlement: $26,000 + $2,080 sales tax + $1,200 attorney fees = $29,280 Additional Recovery: $11,280 (63% increase)

Owner Retention Option

What If You Want to Keep Your Totaled Vehicle?

You can choose “owner retention”:

Insurer pays you vehicle value minus salvage value
You keep vehicle and salvage title
You can repair and continue using
Good option if vehicle is repairable and you want to keep it

McKay Law negotiates:

Maximum retention value (minimize salvage deduction)
Fair salvage value calculation
Ensures retention is best option for your situation

Commercial Vehicle Damage: The Business Impact Insurance Companies Ignore

When Commercial Vehicles Are Damaged, Businesses Suffer

Types of Commercial Vehicles:

Work trucks (contractors, tradespeople)
Delivery vehicles
Service vehicles
Semi-trucks and tractor-trailers
Fleet vehicles
Vehicles with business equipment/tools

The Unique Problem:

When commercial vehicles are damaged by negligent drivers:

Business operations are disrupted
Revenue is lost
Employees can’t work
Contracts may be breached
Customer relationships suffer

Insurance companies try to pay only for the vehicle damage—ignoring the massive business impact.

Full Compensation for Commercial Vehicle Damage

You’re Entitled To Recover:

1. Vehicle Damage (Same as Personal Vehicle):

Repair costs or total loss value
Diminished value
Rental vehicle

2. Equipment/Tools Damage:

Tools and equipment in vehicle when damaged
Business supplies and inventory
Specialized equipment
Electronics and technology

3. Lost Business Income:

Revenue lost during vehicle downtime
Profits lost from inability to complete jobs
Value of lost contracts
Lost business opportunities

4. Additional Business Expenses:

Cost of alternative transportation arrangements
Third-party contractor costs to fulfill commitments
Expedited shipping/delivery costs
Employee wages during downtime
Costs to maintain customer relationships

5. Commercial Rental Vehicle:

Replacement commercial vehicle (often more expensive)
Extended rental for longer repair times
Multiple vehicles if business needs require

How McKay Law Proves Commercial Vehicle Business Losses

Documentation Required:

Business tax returns showing typical revenue
Profit and loss statements
Lost contract documentation
Invoices for alternative arrangements
Employee wage records
Customer communications about delays

Expert Analysis:

CPA/financial expert analysis of lost income
Business valuation experts
Industry standards for business impact

Building the Case:

Proving causation (business losses caused by vehicle damage)
Documenting mitigation efforts
Showing reasonable calculations
Overcoming insurance company denials

Real Commercial Vehicle Recovery Example

Hopkins County HVAC Contractor Case:

Vehicle: 2019 F-250 service truck (totaled by drunk driver) Business: HVAC installation and repair

Damages:

Truck value: $45,000
Equipment/tools in truck: $28,000
Lost business income (6 weeks): $34,000
Commercial rental vehicle: $3,200
Attorney fees: $18,000

Insurance Company Initial Offer: $45,000 (truck only)

Insurance Company Position:

“We only owe for the vehicle”
“Equipment isn’t our responsibility”
“Lost business income is too speculative”
“Rental truck isn’t necessary”

McKay Law’s Approach:

Equipment inventory and replacement cost documentation
Tax returns and lost contract documentation proving $34,000 income loss
Commercial vehicle rental necessity for business operations
Bad faith claim for unreasonable denial of clear damages

McKay Law Recovery: $128,200 total (2.8x initial offer)

Business Owner: “Without McKay Law, I would have lost my business. The truck payment covered the vehicle, but I had $62,000 in other losses Geico claimed they didn’t owe. McKay Law proved every dollar and saved my business.”

What to Do After Your Vehicle is Damaged by a Negligent Driver

Immediate Steps at the Accident Scene

1. Safety First:

Move to safe location if possible
Call 911 if any injuries
Turn on hazard lights

2. Call Police:

Get police report (critical for liability proof)
Tell police what happened accurately
Get police report number

3. Document Everything:

Photos of all vehicle damage (your vehicle and other vehicle)
Photos of accident scene, road conditions, traffic controls
Video if possible
License plates of all vehicles
Street names and exact location

4. Exchange Information:

Driver’s name, phone, address
Insurance company and policy number
License plate and vehicle description
Witness names and contact information

5. Don’t Say Too Much:

Don’t admit fault
Don’t speculate about cause
Don’t say you’re “fine” if you might be injured
Be polite but minimal in conversation

Critical Steps After Leaving Scene

1. Seek Medical Attention If Injured:

Document all injuries immediately
Follow all medical advice
Keep all medical records

2. Report to Your Insurance Company:

Notify within 24-48 hours
Basic facts only
Don’t give recorded statement yet
Don’t accept any offers

3. Get Multiple Repair Estimates:

2-3 estimates from certified collision shops
Ensure estimates include all damage
Use shops experienced with insurance claims

4. Don’t Sign Anything:

No releases
No recorded statements
No settlement agreements
NOT until you talk to McKay Law

5. Contact McKay Law IMMEDIATELY:

Free consultation
Before talking extensively with insurance companies
Before accepting any offers
Before signing any documents

What NOT to Do

Don’t:

Give recorded statements to insurance companies without attorney
Accept first settlement offer
Sign releases or waivers
Post about accident on social media
Make repairs before insurance inspection (except emergency temporary repairs)
Throw away damaged vehicle parts
Talk to other driver’s insurance company without attorney
Wait weeks or months to seek legal help

Time Limits: Act Quickly

Texas Statute of Limitations:

2 years to file lawsuit for vehicle property damage
Deadline runs from date of accident
Missing deadline bars recovery forever

Practical Deadlines:

Evidence disappears
Witnesses forget
Documentation is lost
Insurance companies destroy records after time

Contact McKay Law immediately after accident for best results.

Why McKay Law is East Texas’s #1 Vehicle Property Damage Attorney

340+ Five-Star Google Reviews

McKay Law has earned more than 340 five-star reviews from satisfied clients—more than any other personal injury law firm in East Texas.

What clients say about vehicle damage cases:

“State Farm totaled my truck and offered $12,000 less than it was worth. McKay Law got me $11,500 more plus covered my attorney fees. They knew exactly what my truck was really worth.” — David R., Tyler

“My work van was hit and I couldn’t do business for 6 weeks. The insurance company only wanted to pay for the van. McKay Law got me the van, my lost income, and all my equipment that was damaged. They saved my business.” — James M., Sulphur Springs

“I had no idea I could get diminished value compensation. The insurance company denied it. McKay Law got me $4,500 for my car’s lost value. Money I would have left on the table.” — Sarah P., Greenville

Over 60 Years of Combined Legal Experience

McKay Law’s attorneys bring decades of experience fighting vehicle damage cases:

Comprehensive insurance policy knowledge
Deep understanding of Texas vehicle property law
Proven trial success (85%+ win rate)
Relationships with certified appraisers and experts throughout Texas
Understanding of East Texas vehicle market values

Local East Texas Law Firm

Three Convenient Offices:

Sulphur Springs (Hopkins County)
Tyler (Smith County)
Dallas (Dallas County)

Serving All East Texas Communities:

Hopkins County, Hunt County, Smith County, Gregg County, Rains County, Wood County, Van Zandt County, Upshur County, Marion County, Harrison County, Rusk County, Cherokee County, Henderson County, Anderson County, and surrounding areas.

We understand East Texas:

Local vehicle markets and values
East Texas collision repair shops
Rural commercial vehicle issues
Community values

Contingency Fee: No Fee Unless We Win

You don’t need money to hire McKay Law:

No upfront costs
No hourly billing
No out-of-pocket expenses
Fee only if we recover money for you
Fee is percentage of recovery (typically 33-40%)

You get sophisticated legal representation regardless of financial situation.

Comprehensive Expert Resources

McKay Law’s Expert Network:

Certified vehicle appraisers
Diminished value specialists
Collision repair experts
Mechanical engineers
Accident reconstructionists
Business valuation experts (commercial vehicles)
CPAs (lost income analysis)

You get full resources of sophisticated law firm.

Aggressive Negotiation and Trial-Ready Approach

Insurance Companies Throughout Texas Know:

McKay Law thoroughly prepares cases
McKay Law has expert witnesses ready
McKay Law wins 85%+ of trials
McKay Law pursues bad faith aggressively
Fighting McKay Law is expensive

This reputation forces higher settlements even in cases that don’t go to trial.

Personalized Client Service

McKay Law Commitment:

Direct attorney communication
Regular case updates
Plain English explanations
Prompt response to questions
Client input on settlements
Transparent fees

Mission: “We Create Greatness in Our Clients”

For vehicle damage clients, this means:

Full compensation for vehicle damage
Recovery of diminished value
Commercial business losses recovered
Holding insurance companies accountable
Justice against corporate bad faith
Maximum possible recovery

Frequently Asked Questions About Vehicle Property Damage Claims

How much does it cost to hire McKay Law?

Nothing upfront. Contingency fee means:

No retainer
No hourly billing
No out-of-pocket costs
Fee only if we win
Fee is percentage of recovery (typically 33-40%)

Free case evaluation—contact us today.

How long does a vehicle damage claim take?

Timeline varies:

Quick settlements (4-8 weeks):

Clear liability
Straightforward damage
Reasonable insurance company

Moderate cases (2-4 months):

Some liability dispute
Total loss valuation disagreement
Diminished value negotiation

Litigation (6-14 months):

Insurer refuses reasonable settlement
Complex commercial vehicle cases
Bad faith development necessary

Most vehicle damage cases resolve within 2-6 months.

Can I keep my vehicle if insurance company totals it?

Yes—”owner retention” option:

Insurer pays value minus salvage value
You keep vehicle and salvage title
Can repair and continue using
Good if repairs are affordable and you want to keep it

McKay Law helps determine if owner retention is best for your situation.

What is diminished value and how much is it worth?

Diminished value is loss in market value even after perfect repairs because vehicle has accident history.

Typical ranges:

Minor accidents: 10-20% of vehicle value ($2,000-$5,000)
Moderate accidents: 20-35% of vehicle value ($4,000-$10,000)
Severe accidents: 30-50% of vehicle value ($8,000-$20,000)

You’re entitled to this compensation—insurance companies systematically deny it.

Should I file through my insurance or the at-fault driver’s insurance?

Depends on circumstances:

Your Insurance (Collision Coverage):

Pros: Faster, duty of good faith to you, easier process
Cons: You pay deductible (may recover later), affects your rates

At-Fault Driver’s Insurance (Liability Claim):

Pros: No deductible, doesn’t affect your rates
Cons: Slower, no duty to you, more likely to lowball

Often Best Strategy: File with your insurance for quick repairs, then pursue at-fault driver’s insurance for deductible, diminished value, and any additional damages.

McKay Law advises on best approach for your situation.

Can I sue the negligent driver personally?

Yes—and often necessary when:

Their insurance company refuses fair settlement
They were uninsured
Their insurance limits are inadequate
You need to establish liability formally

Suing the driver:

Their insurance company defends them
Provides leverage for settlement
May result in judgment against driver personally

What if the at-fault driver was uninsured?

Options:

1. Your Uninsured Motorist Property Damage Coverage:

Check your policy for UM property damage
Should cover repairs minus deductible
McKay Law enforces this coverage when insurers deny

2. Sue Driver Personally:

May have assets to pay judgment
Can garnish wages
Lien on property

3. Your Collision Coverage:

If no UM property damage, use collision
Pay deductible
May pursue driver for reimbursement

Should I use the insurance company’s “preferred” body shop?

No requirement to use their shops:

You have right to:

Choose your own collision repair shop
Get multiple estimates
Use shop you trust

Beware of insurer-preferred shops:

May have agreements to minimize costs
May use aftermarket parts
May miss damage to satisfy insurer

Use independent, certified shops for accurate estimates.

What if my vehicle had pre-existing damage?

You’re still entitled to compensation for NEW damage from THIS accident:

Insurance covers new damage only
Pre-existing damage doesn’t void coverage
May reduce value slightly if extensive pre-existing damage

Insurance companies use “pre-existing damage” excuse to deny valid claims.

McKay Law proves new damage is compensable regardless of pre-existing condition.

Can I get compensated for my time dealing with the claim?

Possibly, depending on circumstances:

Lost wages to deal with repairs, rental, claim
May be recoverable as part of damages
Especially in commercial vehicle cases

Document all time spent on claim-related activities.

What if I was partially at fault?

Texas comparative negligence law:

If 51%+ at fault: No recovery
If 50% or less at fault: Recover damages reduced by your fault percentage

Example:

$20,000 vehicle damage
You’re 30% at fault
Recovery: $14,000 (70% of $20,000)

Insurance companies exaggerate your fault to reduce payouts.

McKay Law establishes accurate fault allocation.

Get Your Free Vehicle Property Damage Claim Review Today

Don’t Accept Lowball Offers From Insurance Companies

If your vehicle was damaged by a negligent driver and you’re not receiving fair compensation, you have options.

McKay Law offers a free, no-obligation case evaluation to determine if you’re being treated fairly.

Contact McKay Law’s East Texas Vehicle Property Damage Attorneys

Three Convenient Locations:

Sulphur Springs Office (Main): [Address] [Phone Number] Serving Hopkins, Hunt, Rains, Wood, Delta, Lamar, and Franklin Counties

Tyler Office: [Address] [Phone Number] Serving Smith, Gregg, Upshur, Cherokee, Henderson, and Anderson Counties

Dallas Office: [Address] [Phone Number] Serving Dallas, Collin, Rockwall, Kaufman, and Ellis Counties

Schedule Your Free Consultation

Three ways to get started:

1. Call Now: [Main Phone Number] Speak with a vehicle property damage attorney today

2. Online Contact Form: Visit www.McKayLawTx.com Complete brief form Receive response within 24 hours

3. Text Us: [Text Number] “Vehicle damaged by negligent driver” Immediate response

What Happens During Your Free Consultation?

You’ll discuss:

Your accident and vehicle damage
Insurance company’s response and offers
Your insurance coverage
Whether you’re being offered fair compensation
Diminished value rights
Commercial vehicle business impacts (if applicable)
Timeline and deadlines
Strength of your case

You’ll receive:

Honest assessment
Clear explanation of options
Understanding of process
Estimated recovery range
No-pressure evaluation

You’ll decide:

Whether to hire McKay Law
Whether to accept insurance offer
Whether to pursue additional compensation

Don’t Wait—Time and Evidence Matter

Act quickly because:

2-year statute of limitations
Evidence disappears
Witnesses forget
Insurance companies pressure quick settlements
Your vehicle may need immediate repairs

The sooner you contact McKay Law, the better your outcome.

The Bottom Line: Insurance Companies Profit When You Don’t Know Your Rights

When your vehicle is damaged by a negligent driver, you’re entitled to full compensation:

Complete repair costs using proper parts
Diminished value
Rental vehicle
Total loss value if destroyed
Business losses (commercial vehicles)

Insurance companies—both the at-fault driver’s insurer and YOUR OWN insurer—systematically undervalue these claims.

They count on you:

Not knowing your vehicle’s true value
Not understanding diminished value rights
Not documenting commercial business losses
Accepting first offer because you need transportation
Not hiring an attorney

That strategy is massively profitable—until you hire McKay Law.

Suddenly everything changes:

Insurance companies face attorneys who know actual vehicle values
They face certified appraisers proving diminished value
They face CPAs documenting business losses
They face attorneys with 85% trial win rate
They face bad faith liability for unreasonable denials

Insurance companies pay more—often 2-7x more—when McKay Law represents vehicle owners.

Your choice is simple:

Accept the insurance company’s lowball offer
Or fight back with East Texas’s premier vehicle property damage attorneys

The consultation is free. The evaluation is honest. You risk nothing by calling.

But you risk thousands—or tens of thousands—by accepting inadequate compensation.

McKay Law PLLC East Texas’s #1 Rated Vehicle Property Damage Attorney Sulphur Springs | Tyler | Dallas www.McKayLawTx.com

“We Create Greatness in Our Clients”

Over 60 years of combined experience. 340+ five-star Google reviews. Millions recovered for East Texas vehicle owners denied fair compensation.

Contact us today for your free vehicle property damage claim review.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every vehicle damage case is unique and results vary based on specific facts and circumstances. Past results do not guarantee future outcomes. Consult with a qualified attorney about your specific situation.

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About McKay Law

This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!

McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!

She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻

Lindsey and her team were very professional! I am so thankful to have had them work on my case.

Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.

Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

Passion For Justice – Compassion For Clients

Compassion. Confidence. Commitment.

20 +

20+ years of combined experience with of counsel addition.

Reasons to Hire
McKay Law

McKay Law Client Reviews on Google

Check Out McKay Law's 5-Star Reviews from Clients on Google.

McKay Law's

PRACTICE AREAS

Free Consultation with Texas Personal Injury Lawyer

No Fees Unless We Win. We Listen To Our Clients.

Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.