How To File a Property Damage Claim for a Car Accident

At some point, most of us will be involved in a motor vehicle accident. The good news is that most car crashes are minor. However, there is still a good chance you’ll experience property damage, even in a minor accident.

If you didn’t cause the car accident, it doesn’t seem fair that you should be left paying for the damage. The at-fault party should compensate you for any damages you suffer, including property damage. Usually, the insurance company will pay for your car repairs. If this doesn’t happen, you may have no choice but to sue the other driver personally for damages.

This article explains how to file a property damage claim after a car accident, discusses what to do if the insurance carrier doesn’t pay your auto insurance claim, and demonstrates how to seek reimbursement for car repairs and other property damage. If you were in a recent auto accident, contact a local car accident attorney to discuss your case. They’ll explain your legal options and help you decide how best to proceed.

Steps to Take Immediately After a Car Crash

There are specific steps you must take after your motor vehicle accident if you want to preserve your right to file a claim for property damage. If you fail to complete these steps, you’ll jeopardize your chances of recovery.

In the moments after a car crash, you should do the following:

• Pull your vehicle to the side of the road and out of direct traffic
• Call 911
• Exchange information with the other driver
• Seek immediate medical treatment
• Notify your insurance company that you’ve been in an accident

In addition to contacting your own insurance company, you should also report the accident to the at-fault driver’s insurance company. Ask if your policy covers a rental car and make arrangements to take your car to a repair shop for an estimate.

If the at-fault driver has not reported the motor vehicle accident or admitted fault, their insurance company may demand additional information from you. For example, they may request a copy of the police report. They may also ask if you have other information, such as a description of the accident scene, witness statements, and photos. You can speed up the claims process by ordering a copy of the police report yourself and providing it to the insurance adjuster handling your claim.

How To File an Insurance Claim

There are two types of car accident insurance claims: first-party claims and third-party claims.

• A first-party claim is the one you file with your own insurance company. You file a first-party claim if the other driver flees the scene or doesn’t have auto insurance. You may also need to file this type of claim if someone hits your car while it’s parked. When using your own coverage, you will be responsible for paying your policy’s deductible.
• Third-party claims are car insurance claims you file with the at-fault party’s insurance carrier. For example, if the other driver ran a red light at the time of the accident, they would likely be considered to be at fault. The same is true if they were texting and driving at the time of the collision.

Whether the at-fault driver’s insurance company pays your claim depends on several things, including the type of insurance coverage the driver has. Most state laws require all motorists to carry liability coverage that pays for property damage drivers cause to other vehicles. As long as your damages don’t exceed the at-fault driver‘s policy limits, their insurance should pay your claim.

You’ll receive your insurance check within a matter of weeks if the insurance adjuster approves your claim. If they deny your claim, you’ll have a chance to file an appeal. Keep in mind that the same people who denied your initial claim will be handling your appeal. Your best bet at this point is to talk to a personal injury lawyer who specializes in car accident cases.

Why Would an Insurance Company Deny Your Claim?

In a perfect world, the insurance company would pay your claim without a quarrel, and you’d get your car fixed. However, they may deny your claim entirely or in part. If this happens, you’ll have to decide what you want to do. You can file an appeal, or you can talk to an experienced attorney about filing a car accident lawsuit.

The insurance adjuster may deny your claim for several reasons, including:

• The policy wasn’t valid
• The company cancelled the policy for non-payment
• The insurance adjuster thinks you were at fault
• You have a history of filing car insurance claims
• You didn’t submit the necessary documentation
• The insurance adjuster believes you’re exaggerating your losses

Regardless of the reason, you must address the denial at once. Otherwise, you’ll end up paying the out-of-pocket expenses related to the crash.

How Insurance Carriers Determine Property Damage

The general rule regarding vehicle damage after a car accident is that you’re entitled to recover the difference between the value of your vehicle before and after the accident.

The car insurance company determines your vehicle damage by looking at the cost of repairing the damaged property or the car’s fair market value. In general, if the insurance company determines that the cost of repairs will exceed a certain percentage of your car’s Blue Book value, it will declare your vehicle a “total loss“. The vehicle is given a salvage title. You’ll be offered the value of the vehicle as is, with the option to have an amount deducted if you wish to keep it.

The total loss threshold varies by state and by insurance company policy, but is usually around 70-80%. If the insurance company denies your claim, you can demand compensation for the diminished value of your motor vehicle in your personal injury case.

Am I Entitled to a Rental Car?

Most insurance policies offer coverage for a rental car in the event of the loss of use of your vehicle. Sometimes the insurance company will arrange for a rental car comparable to your own vehicle, but that’s not required by law. The insurance adjuster may simply compensate you for the costs of a rental car.

A Personal Injury Attorney Can Help You Sue the At-Fault Party

If the insurance company refuses to pay your claim, you may have to file a lawsuit against the at-fault driver. Depending on the amount of vehicle damage you suffer, it may be worth taking legal action.

Ideally, if you do sue the other driver, the insurance company will settle the matter out of court. Trials are time-consuming and expensive. Of course. settling means you may not receive your full demand. However, your attorney will fight to get you as much money as possible.

Other Damages Accident Victims Can Recover

Many accident victims suffer more than just property damage in a motor vehicle accident. When you file your car accident lawsuit, you must list your total damages. You must also submit evidence showing that you’re entitled to each type of damages you demand.

In most car accident cases, plaintiffs demand some or all of the following:

• Medical bills
• Lost wages
• Lost future income
• Pain and suffering
• Property damage
• Any other out-of-pocket expenses

When you meet with your attorney for your free case evaluation, they’ll help determine your actual damages. When doing this, it’s important to remember that the insurance company will not pay more than the insurance policy limits.

Seek Legal Advice From a Property Damage Lawyer

Dealing with an auto accident can sometimes be quite simple. When that’s not the case, you’ll need the help of an experienced car accident attorney. They know how to deal with insurance companies and other parties involved in the personal injury litigation process. If you’re confused and need some advice, contact a car accident attorney for a case evaluation.

There are strict time limits called statutes of limitations for bringing personal injury claims. If you’ve suffered bodily injury or personal property damage, contact an injury lawyer as soon as you can.