Car Insurance Claim: Are You in Trouble From the Car Crash?

Car Insurance Claim- Are You in Trouble From the Car Crash? | McKay Law 2

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In this article, we’ll explore the ins and outs of car insurance claims and insurance coverage when someone else wrecks your car. 

Are you the proud owner of a shiny new car? Or perhaps you’ve had your trusty wheels for some time now. Either way, it’s natural to feel a sense of pride and attachment to your vehicle.

But what happens if someone else crashes into your beloved car? It’s a nightmare scenario that no one wants to consider, but unfortunately, accidents happen. 

What Happens if Someone Else Wrecks Your Car?

How Much Is a Texas Car Insurance Claim on a Car Accident Worth?

The worth of a claim is defined specifically by the accidents. Because no accident is identical to another, there’s no average settlement amount on personal injury claims or car accident claims.

Furthermore, a settlement can be affected by a number of factors, including the following:

  • How much work/wage has the claimant lost?
  • Can the injured claimant still work?
  • How much potentially lost wages are there?
  • How many medical bills have accumulated, and how many are expected to accumulate?
  • How much emotional stress and mental anguish has the claimant suffered?
  • How much pain has the claimant suffered?

It’s not difficult to see that a qualified attorney with experience in personal injury car insurance claims would benefit anyone seeking justice for this type of injury.

FAQs About Texas Car Accident Statistics 2023

How Many Accidents Occur Each Year in Texas?

According to state data records, over 634,000 car crashes occurred in 2022, as reported by the Texas Department of Transportation. That is one every 57 seconds, though not all of these are serious or fatal.

What City in Texas Has the Most Car Accidents?

Houston accounted for over 75,000 of all Texas accidents last year. Additionally, there were 313 total fatalities, 1,422 serious injuries related to crashes, and 1,304 head-on collisions that resulted in incapacitating injuries in Huston. All these numbers are higher than any other city in the state.

Does Texas Have a High Car Accident Rate?

Texas does have a high car accident rate, and the state’s fatal car accidents are the most in the country. This means more people die in car accidents each year than in any other state. One person dies in a car accident in Texas every two hours and 15 minutes. Furthermore, one person is injured in a car accident in Texas about every two minutes.

What Is the Leading Cause of Car Accidents in Texas?

The high number of car accidents in Texas are caused by speeding drivers, failure to yield, unsafe lane changes, following too closely, and driver inattention. Drivers aged 18 to 34 were most often killed in car crashes, and 43% of all fatal accidents across all age groups were not wearing a seat belt.

Car Insurance Claim- Are You in Trouble From the Car Crash? | McKay Law

Insurance Covers the Car Rather Than the Driver

Regarding car insurance, you might be surprised to learn that the coverage primarily focuses on the vehicle itself rather than the driver. This means that if someone else crashes your car, your insurance policy will typically cover the damages.

Insurance companies assess risk based on several factors, such as the make and model of the car, its age, and its overall condition. They don’t consider who was behind the wheel during the accident. So, even if you weren’t driving when a collision occurred, your insurance should still kick in.

This can come as both a relief and a surprise for many people. After all, we often assume that our personal driving record plays a significant role in determining how much our insurance covers. While this may be true for certain aspects like premiums or deductibles, when it comes to covering damages from accidents caused by others while they are driving your car, it’s usually not a factor.

However, there is one catch: most policies have exclusions for specific situations where coverage may not apply.

For example, if you let someone drive your vehicle without their own valid driver’s license or while under the influence of alcohol or drugs, then your insurance provider may deny any car insurance claims related to those incidents.

It’s important to carefully review your policy details and consult with your insurer about any concerns or questions regarding situations where someone else is involved in an accident with your vehicle.

Understanding these nuances can help ensure that you’re prepared for unexpected scenarios and know what steps to take if an unfortunate incident occurs.

First-Party Insurance Claim | McKay Law

First-Party Insurance Claim

First-party insurance claims are an important aspect of car insurance coverage. When you’re involved in an accident and it’s your fault, first-party insurance can help cover the cost of repairs to your own vehicle. This type of car insurance claim is also known as a comprehensive or collision claim.

When filing a first-party insurance claim, it’s crucial to gather all the necessary information, such as photos of the damage, police reports, if applicable, and any additional evidence that supports your case. The more documentation you have, the stronger your claim will be.

Once you’ve gathered all the required information, contact your insurance provider immediately to start the claims process. They will guide you through each step and may require you to provide additional details about the accident.

It’s important to remember that filing a first-party insurance claim may result in an increase in premiums for future coverage periods. However, this varies depending on several factors such as previous driving history and policy terms.

In some cases, especially if there is significant damage or injuries involved with other parties in an accident caused by someone else damaging your vehicle without their consent could potentially lead to needing legal assistance for fair compensation outside of simply relying on first-party auto liability policies coverage from just one insurer alone.

Navigating through a first-party insurance claim can be complex at times, but having proper documentation and working closely with your insurer can make the process smoother. It’s always advisable to consult with professionals who specialize in handling these types of claims if needed

Third-Party Insurance Claim

When it comes to car accidents, the aftermath can be overwhelming. Not only are you dealing with potential injuries and damages, but there’s also the issue of insurance coverage. If someone else crashes your car, understanding how third-party insurance claims work is crucial.

A third-party insurance claim is when you file a car insurance claim against the at-fault driver‘s insurance company. In this scenario, since the accident was caused by someone else, their insurance should cover the damages sustained to your vehicle.

To initiate a third-party claim, you’ll need to gather evidence, such as photos of the accident scene and any relevant documentation, like police reports or witness statements. It’s important to provide accurate information about what happened and clearly state that you were not at fault for the accident.

Once all necessary documents have been submitted, the at-fault driver’s insurance company will assess liability and determine if they accept responsibility for covering your damages. They may request additional information or conduct investigations before making a decision.

If accepted, their insurer will typically pay for repairs or reimbursement based on their policy limits. However, remember that each situation is unique, and there may be certain limitations in terms of coverage depending on various factors such as policy exclusions or deductibles.

Navigating through a car insurance claim process can be complex and time-consuming. It’s advisable to consult with an experienced attorney who specializes in personal injury law if you encounter any difficulties during your third-party claim journey.

Remember that while having appropriate insurance coverage is essential in protecting yourself financially in case of an accident involving another person driving your car – being proactive about safety measures can help minimize risk altogether!

Third-Party Insurance Claim | McKay Law

Primary and Secondary Insurance Coverage

One of the key aspects to consider when it comes to car insurance is understanding the different types of coverage. When someone else crashes your car, primary insurance coverage is crucial in determining who will be responsible for the damages.

Primary insurance coverage refers to the first line of protection that you have in place for your vehicle. Primary coverage typically includes collision and comprehensive coverage, designed to handle damages caused by accidents or incidents such as theft or vandalism.

If someone else crashes your car, your primary insurance coverage will generally step in to cover the damages. This means that you can file a claim with your own insurer, and they will assess the situation and provide compensation accordingly.

However, it’s important to note that depending on your policy and specific circumstances, there may be certain exclusions or limitations on primary insurance coverage. For example, if you let an unauthorized driver use your vehicle or if the crash occurred during a criminal activity, your insurer may deny the claim.

To ensure you have proper protection in case someone else wrecks your car, it’s essential to review and understand what exactly is covered under your primary insurance policy. This way, you’ll know what steps to take should an unfortunate incident occur.

Remember: having reliable primary insurance can give you peace of mind knowing that you’re financially protected even when others are behind the wheel of your vehicle

Secondary Insurance Coverage

Secondary insurance coverage is an important aspect to consider when it comes to car accidents and insurance claims. While primary insurance coverage typically offers the initial level of protection, secondary insurance can provide additional support and pay for any costs that the primary policy might not fully cover.

In situations where someone else crashes your car, their insurance would generally be considered as the primary coverage. However, if their policy limits are insufficient or they do not have insurance at all, secondary insurance can help fill in the gaps. This means that you won’t necessarily be left with a hefty bill for repairs or medical expenses.

One common type of secondary coverage is called uninsured/underinsured motorist (UM/UIM) coverage. This kicks in if the other driver involved in the accident doesn’t have enough liability coverage to pay for damages or injuries. UM/UIM coverage can provide compensation for your losses up to your policy limits.

Another form of secondary coverage worth considering is collision/comprehensive insurance. These insurance policies cover damage from collisions with other vehicles or objects as well as from non-collision events like theft or natural disasters.

It’s important to review your specific auto insurance policy and understand what types of secondary coverages you have in place. By having adequate secondary protection, you can ensure that you’re financially safeguarded even if someone else wrecks your car.

Primary and Secondary Insurance Coverage | McKay Law

Possible Insurance Claim Challenges with Your Insurance Claim

Filing an insurance claim can sometimes be a complex process, and there are several insurance claim challenges that you may encounter along the way. It is important to be aware of these potential roadblocks so that you can navigate them effectively.

One challenge you might face is difficulty proving fault or liability. Insurance companies will often investigate accidents thoroughly before determining who should be held responsible for the damages. If there is conflicting evidence or multiple parties involved, it can complicate the claims process.

Another challenge could arise if your insurance policy has exclusions or limitations that affect coverage for certain types of accidents. For example, if your policy does not cover damages caused by someone else driving your car without permission, you may have trouble getting compensation for those damages.

Additionally, delays in processing a claim can also pose a challenge. Insurance companies receive numerous claims every day and may not always prioritize yours. This could result in frustrating wait times and prolonged stress as you try to get your claim resolved.

Dealing with uncooperative third parties involved in the accident can further complicate matters. If the other driver’s insurance company disputes their client’s liability or refuses to cooperate, it can prolong the settlement process and potentially lead to legal battles.

Navigating these insurance claim challenges requires patience and persistence on your part. It is essential to document all relevant information related to the accident, gather supporting evidence such as witness statements or photographs, and maintain open communication with both your insurer and any involved parties throughout the claims process.

Remember that each insurance claim is unique; what works well for one person may not work as smoothly for another individual filing a similar claim. Being prepared and proactive in addressing potential insurance claim challenges will increase your chances of successfully navigating through them while protecting your rights as an insured driver.

Should I Let Someone Borrow My Car | McKay Law

Is It OK To Let Someone Borrow Your Car?

One question that often comes up when discussing car insurance is Should I Let Someone Borrow My Car? – or, in other words – whether it’s okay to let someone borrow your car. While it may seem like a simple decision, there are some important considerations to keep in mind.

Should I Let Someone Borrow My Car?

First and foremost, you need to understand that when you lend your car to someone else, your insurance coverage still applies. This means that if the person borrowing your car gets into an accident, it will be your insurance policy that covers the damages.

In terms of insurance claims, there are two types: first-party and third-party. A first-party claim refers to a situation where you make a claim against your own insurance for damages caused by someone else driving your car. On the other hand, another party involved in an accident with the borrowed car makes a third-party claim.

When it comes to primary and secondary insurance coverage, things can get a bit more complicated. Your primary insurance coverage will typically be used first to cover any damages resulting from an accident involving your borrowed vehicle. However, if those limits are exceeded or if certain exclusions apply, secondary coverage may come into play.

It’s important to note that lending out your car does come with some potential insurance claim challenges when making an insurance claim. You may face higher premiums or even have difficulty finding coverage in the future due to the he increased risk associated with lending out your vehicle.

So while it might be tempting at times to let someone borrow your car out of kindness or convenience, it’s crucial to carefully consider all the implications before doing so. Remember that ultimately you’re responsible for any accidents or damages caused by others while they’re behind the wheel of YOUR vehicle!


When it comes to insurance coverage for your car, it’s important to remember that the policy typically covers the vehicle itself rather than the driver. This implies that your insurance may still be effective in protecting you if someone else crashes your car.

If you find yourself in this situation, there are a few things you can do. First, consider filing a first-party insurance claim with your own provider. This can help cover any damages or repairs to your vehicle.

Additionally, if the other driver is at fault and has insurance coverage of their own, you may also be able to make a third-party insurance claim against their policy. This can help provide further financial protection for any expenses related to the accident.

It’s worth noting that primary and secondary insurance coverage may come into play depending on the circumstances of the accident. Your primary insurance will typically be used first to cover costs, while secondary insurance could potentially kick in if necessary.

However, keep in mind that there may be insurance claim challenges when filing an insurance claim after someone else wrecks your car. It’s important to gather all relevant information, such as police reports and witness statements, to support your case and ensure a smooth claims process.

If you’re wondering whether or not it’s okay to let someone borrow your car in the future, well, it depends on various factors such as trustworthiness and driving history. If you do decide to lend out your vehicle, make sure they have proper authorization and understand any potential consequences should an accident occur.

In conclusion (without using those words), being aware of how insurance works when someone else crashes your car can give you peace of mind knowing that you have some level of protection in place.

Remembering these key points about first-party and third-party claims, primary and secondary coverage, and potential challenges that may arise can help you prepare for any unforeseen accidents involving your borrowed vehicle. and third-party claims along with understanding primary and secondary coverage will help navigate through any potential challenges with ease.

So drive safely yourself but always stay informed about what happens if someone else wrecks your car, and make wise decisions when it comes to lending your vehicle to others.

Give McKay Law a Call Today

Mckay Law is eager to boldly fight and protect anyone who may be the victim of a car or truck accident!

Situations like yours can be complicated; if you have been in an accident you need the advice and representation of a highly skilled personal injury attorney. Whatever caused your collision, our attorneys will make an aggressive effort to come out with the facts. Once we determine why your injuries occurred, we can go after those responsible.

Whether it was a rear-end collision on an interstate highway, a semi-truck collision on a state highway, or a head-on hit-and-run on a local street, we can bring the law, the evidence, and the financial pain to those who caused your injuries.

The attorneys at McKay Law have been practicing personal injury law for more than 25 years. We are eager to boldly fight for you and assist you through this difficult time, call us today or submit a free case review with McKay Law personal injury lawyer and truck accident attorney.

Call: (903) INJURED / (903) 465-8733 or (903) ABOGADA / (903) 226-4232.

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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!
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McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
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Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
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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.

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