In Texas, all licensed motorists are required to carry a minimum amount of liability car insurance. You need to have minimum bodily injury coverage of at least $30,000 for each injured person, up to $60,000 per accident. The other type of coverage you are required to carry is a minimum of $25,000 in property damage liability insurance.¹

Policies might list liability coverage like this: 30/60/25. The first two numbers apply to the bodily injury coverage, and the last, which we will focus on, is the property damage coverage. This type of insurance provides coverage to help pay for damages to another person’s property for an accident you caused.

It will pay to fix damage to another person’s vehicle, yard, fence, mailbox, home, store, and so on. It also covers damages to public property, such as telephone and electric poles, street lights, etc.

It is important to keep in mind that property damage liability does not cover your vehicle or any of your personal property in the vehicle that was damaged at the time of the accident. If you are found to be at fault, you would need collision and comprehensive insurance coverage to cover your own property damages and losses.

Should I Have More than the Minimum Required Coverage?

If you consider that the average costs of a brand-new vehicle are around $30,000, it can be a good idea to purchase a higher coverage amount through your insurance agent. To help you see why having a higher coverage amount is better, let’s look at two examples.

Example 1: Minor Property Damage Accident

You are on your way home and a child runs out in front of your vehicle. You swerve to avoid hitting the child and, instead, hit your neighbor’s parked car. Since you weren’t going that fast, the damage only amounts to $6,000. Your property damage liability coverage would pay the full amount so your neighbor could get his car repaired.

Example 2: Major Property Damage Accident

You are driving down the highway and the tire on your car blows out, causing you to lose control of your vehicle. In the process, you hit two other vehicles. One of the cars you hit is severely damaged and is totaled, with a replacement cost of $35,000. You also caused $10,000 in damage to the other vehicle. Your insurance would pay out a total of $25,000 for all the damage, so you would still owe $20,000 in damage costs out of your own pocket.

Filing a Property Damages Claim

After being involved in an accident, contact your insurance company to report your property damages. Keep in mind if the amount claimed is more than the amount of coverage the other person has, you will need to sue them to recover the difference.

After filing your claim with your insurance company, it is a good idea to speak to a car accident lawyer. They can help determine the amount of damage reimbursements you are entitled to receive and can even help when insurance companies are trying to settle for the lowest amount possible or trying to get out of paying you by making it look like you were at fault.

For a FREE consultation, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 to speak with one of our Houston, TX auto accident attorneys today!

Source:

1. https://www.tdi.texas.gov/pubs/consumer/cb020.html

As of September 1, 2017, texting while driving has been illegal in Texas. The new law also includes reading and responding to emails and posting on Facebook, Instagram, and other social media sites. The purpose of the law was to address the growing concern and increase in distracted driving and texting and driving accidents.

Distracted driving is any type of activity that takes the driver’s attention off the road, even for a few seconds. While eating, drinking, adjusting the radio, programming a GPS, shaving, or putting on makeup are also forms of distracted driving, the biggest culprit has been texting and driving.

According to the Texas Department of Transportation, of the 537,475 accidents on Texas roadways in 2017, 19% or 100,687 accidents involved distracted drivers. Out of the 100,687 distracted driving accidents, 2,889 people sustained serious injuries and another 444 died.¹

The number of deaths in 2017 from distracted driving showed a slight decrease from 2016, thanks to the new law. In 2016, there were 460 deaths in accidents involving distracted driving.² In both 2017 and 2016, it is worth noting, there were no deathless traffic accident days in the state.^{2, 3}

The law does still allow you to use your smartphone to access GPS and music apps, as well as to call 911 to report a crime or in emergency situations. In addition, you are allowed to talk hands-free on your phone, so long as you use a Bluetooth device or the hands-free feature part of your vehicle’s infotainment system.

Drive Distracted and Get a Ticket

However, you cannot be distracted when using GPS and music apps. This means you cannot look down or take your eyes off the road. If you are caught looking down or not paying attention by the police, they could still stop you and issue you a distracted driving ticket.

Ideally, it is highly recommended to make sure to program the GPS and open any music app prior to driving. If you must access either of these things while driving, you will want to pull off the road into a parking lot or another safe area where you can stop your vehicle.

In addition, with many auto manufacturers including access to Apple CarPlay and Android Auto with their infotainment systems, it is possible to control GPS and music apps hands-free without having to take your eyes off the road.

What if I Need to Text or Call Someone While Driving?

If you must text or need to call someone and do not have hands-free capabilities, you must pull over to a safe location before texting or making the phone call. You cannot resume driving until you have finished texting or hung up the phone.

What if Someone Hits Me While Texting and Driving?

If another motorist hits you while they are texting and driving, they can be held accountable for all personal injuries, as well as property damages. You will want to seek out qualified legal representation from a Houston TX auto accident lawyer.

Your lawyer will be able to help you determine what monetary damages you could seek for personal injuries you sustained, like payment of medical bills and loss of current and future earnings. To find out more about your rights and potential compensation, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 for a free consultation today!

Sources:

1. https://www.txdot.gov/inside-txdot/media-center/psas/distracted-driving/distracted.html
2. https://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf
3. http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2017/01.pdf