Car Accident Property Damage & When to Get a Lawyer

In simplest terms, property damage refers to any physical damage to the property of another person. In a car accident, the damage most likely occurs to the vehicle itself. However, most crash victims fail to consider other types of property damage in a car crash. That can include damage to personal belongings, as well as to physical property or businesses.

There are several important things to remember when handling your property damage after an accident.

If your vehicle is damaged badly enough that it needs to be towed, time can become a factor. Unless you specify a repair shop, the wrecker service will tow your vehicle to a storage facility that charges fees for each day your vehicle is there. If your vehicle is towed and is at a storage facility, it is important to determine as quickly as possible whether your vehicle is a “total loss” or is “repairable.” The insurance company will make that determination.

If your vehicle is repairable find a repair shop that is willing to repair vehicles that have been in an accident. You will need to tell the repair shop where your vehicle is being stored and ask the repair shop to have it towed to their shop. The bills for towing are usually paid by the repair shop and included in the repair shop bill. The sooner your vehicle is out of storage the sooner it will get fixed and you will not have to worry about extra storage fees.

If your vehicle is a “total loss,” you are entitled to the fair market value of the vehicle immediately prior to the accident. Once the insurance company has made you a reasonable fair market value offer, you have a reasonable time (on average less than a week) to accept the offer. After such time, you could be responsible for excess storage fees.

Lastly, you may find that the liability insurance company is not responding or not treating you right. When this occurs, you need an experienced car accident attorney on your side to help ensure that you get the compensation you need to have all property damaged repaired to your satisfaction.

If you do not believe that the insurance company is giving you a fair settlement, you could decide to take them to small claims court or file a personal injury claim against them. If you suffered an injury in the crash, as well as property damage, you would benefit from filing a personal injury lawsuit. This type of lawsuit allows you to seek compensation for a wide range of damages including lost wages and medical bills.

If you are filing a claim against the at-fault driver for just the property damage, you may be able to handle this in small claims court. This type of lawsuit generally seeks reimbursement for the property damage done and for any property expenses.

Sometimes, an insurance company acts in bad faith when settling a claim or during negotiations. They may refuse to pay you the benefits you are owed or they may deny your claim without cause.

Even if you do not believe you need to file a lawsuit, it is best to speak to an experienced attorney about your case. Personal injury lawyers offer free consultations and reviews so you can explore your legal options without any upfront costs. This is the best way to ensure that your rights are protected every step of the way after a serious crash.