insurance claims
Where can I find insurance claim requirements and standards for a given state (Texas, etc)
<p>(PLEASE NOTE: the insurance company I am referring to is the other driver's.  The other driver was ruled at fault in the accident)</p>
<p>As a handy way to illustrate my experience, here is a scenario:</p>
<blockquote>
<p>So you're at work and I go to your parking lot and smash your car up and total it so that the repair cost exceeds the value.  You walk out at 5:00PM and discover this.  Since you weren't in the car, nobody was injured.  You probably don't like me because now you have to take all your personal effects out of your car.  But I say, &quot;hey, I'll give you a rental car to use, and pay you the fair value of your vehicle - are we good?&quot;</p>
<p>Your response would no doubt be, &quot;<strong>No!</strong> You're not accounting for the inconvenience of having to move my personal effects around, handle insurance updates, as well as the time and disruption to find a new car.  Certainly that is worth something&quot;.</p>
</blockquote>
<p>My question is, where may I find, in direct law or other resources, what the other driver's insurance company is obligated to pay in this case, for my state?  In my case it's the state of Texas but I figure this would be more helpful generically.</p>

<p>You should have exchanged insurance information at the time of the crash (and if there was a police report, it would also probably be found in that, which you can obtain with some paperwork from the police). You can then contact the insurance company and ask them what the coverages are on that policy. The amount of coverage depends upon how much the other person purchased from there insurance company. There is usually a minimum insurance requirement, but different drivers carry different amounts of insurance.</p>

<p>If you do not receive the information voluntarily, the next step is to sue the owner of the other car. Insurance information will have to be disclosed in the course of the litigation, and, if you prevail or settle, the insurance company will pay the other party's liability.</p>

<p>What the other driver's insurance company is obliged to pay you is precisely nothing; you don't have any contract with them. The other driver owes you the value of the damage he did, and the insurance company is (probably) obliged to cover this debt as a result of his policy. It is simpler for all concerned if the insurance company sends you a cheque directly, and so you (or your lawyer or insurance company) will usually negotiate with them on the amount due. Your <em>legal</em> question appears to be "[How do I find out] If a driver writes off another car, is he liable only for the replacement value, or for the inconvenience caused to the owner?" which I think is too wide for this site, unless you put some limit on jurisdiction. But if you edit to be clearer, those more knowledgeable than I could provide some help (and this answer could be deleted).</p>

<p>Your insurance company is obliged to pay you for what you paid them premiums to insure - this is all spelled out in your contract.</p>

<p>In general, motor vehicle insurance does not cover paying you for any inconvenience that having your car written off may cause you. Some policies will provide a loan car for repairs but usually in a total loss situation they cut you a cheque for agreed or market value (depending on the policy) and they're done.</p>
