It is not always easy to figure out when you need legal counsel. Hiring a lawyer may be the last thing you think about when you are injured in a car accident.
However, if the collision resulted in property damage, it may be time to consider engaging a car accident attorney experienced in pursuing these kinds of claims.
Property damage generally refers to any damage that may have happened to your car such as a dent, broken bumper, or any body damage.
Insurance firms often take a confrontational approach, even with claims that appear simple. If your car was totaled in the collision, the insurance company could dispute the degree of the damage or the value of your vehicle.
Fortunately, a car accident attorney can guide you throughout the process and ensure that your claim is handled effectively. In addition, an experienced attorney will do their best to get you the best possible outcome for your case.
This post will discuss the benefits of hiring a car accident lawyer for a property damage claim.
What Is a Property Damage Claim?
As mentioned, a property damage claim covers any damage but not a person. For auto accidents, repairing and replacing your car is the priority.
Anything inside the car, such as books, computers, mobile gadgets, and even your child’s car seat, is also covered under property damage claims.
These things can get knocked around in an accident, but they can also get ruined by food and drink spills. Valuable or sentimental items like jewels, antiques, or inherited property also fall under this category.
Property damage claims are not limited to drivers and passengers. If a car crashes into your home, landscaping, or fence, you can seek compensation for repairs or replacements. The driver’s vehicle insurance covers this kind of property damage.
Settlement for property damage claims ranges from replacement costs, repair expenses, and the subjective loss of sentimental value. These are usually tangible costs; property damage claims seldom cover emotional components like pain and suffering.
How Long Do I Have to File a Property Damage Claim?
Civil claims are subject to a statute of limitations. Depending on your state, the deadline for filing a property damage claim can range from one to three years. In New York, for example, you have up to three years after the car accident to file a property damage claim.
Imagine a vehicle crashed into your front yard in January 2022. You lost a tree and your fence in this crash. In New York, you would have until January 2025 to file a property damage claim against the motorist.
Your statute of limitations is still three years if you were injured in the same incident that resulted in property damage.
In the example above, if the car also hit you, breaking your leg and inflicting property damage, you would have until January 2025 to file a claim.
Whom Do I Pursue for Damages?
In personal injury and property damage cases, accident victims should typically file claims against the at-fault party. But in most cases, your property damage lawyer will file a claim with the other party’s insurance company and your insurance provider.
There are several reasons why lawyers do this. Firstly, a deductible is probably part of your insurance coverage. You pay for it out of your pocket.
Once you pay out of your pocket, your insurance provider can then pursue this deductible while they file a subrogation claim against the other party.
Second, no-fault state laws might hinder the other driver’s insurance provider from paying for your property damage. You may have to rely on your collision insurance to repair your car.
If you file one, your insurance provider will demand compensation from the other insurer or your personal injury claim.
Also, remember that your insurance provider may need you to inform them of the damages regardless of fault. Your policy might be canceled if you fail to comply.
What Do I Need for a Property Damage Claim?
If you were involved in a vehicle collision, the first thing to do is to visit a doctor, even if you do not have any visible injury.
Some injuries, such as concussions or whiplash, have delayed symptoms, and you may not notice them until days later.
These conditions can have long-term effects or threaten your health if not treated promptly.
Head injuries, for example, can develop into severe aneurysms if treatment is not administered on time. There is also the potential for other head traumas such as seizures.
These frightening possibilities make a medical exam worthwhile to confirm that you are genuinely unhurt. Once you start treatment, you can prepare for your property damage claim. Here are the things you need to speed up the process:
· A List of Damaged Property
If the crash involved a vehicle, whether a car, motorbike, or bicycle, your main focus would probably be on the vehicle. There are also other items that you should not ignore.
If your laptop screen shattered or your glasses broke in the collision, add them to your claim. Keep a running list to ensure you get reimbursed for everything necessary.
· Photographs
Take photos of all damaged vehicles, starting from your car, motorcycle, or bicycle. You could do this right at the collision scene if you did not sustain injuries. Any property damaged during the collision, such as electronics, should be documented too.
· Gather Documents
Get copies of any accident or police reports. These records explain the accident in detail and reveal the identity of critical witnesses.
Other documents might include receipts for estimates on the need to fix the car. This would give a running estimate of how much you could be looking to get reimbursed.
· Repair and Replacement Estimate
Make a rough estimate of repairs of the expensive items. You may ask a repair shop’s technician or customer service representative to itemize the required repairs.
This can help create a believable claim. If you pay for repairs out-of-pocket, keep all receipts safe, as they will come in handy when pursuing compensation.
To determine replacement costs, you can rely on ads for a similar car or identify a comparable vehicle for sale at a dealership. Record the costs and report them to the insurer.
· Refer to Your Insurer for Help
Most auto insurance policies include coverage for rental cars, allowing you to have a car for use while yours is being repaired. If you, for instance, need a laptop for work, check whether your policy covers such things.
You might even be able to have them replaced more quickly or get a loaner during repairs.
So, before assuming you have been left high and dry without essential items, see if your insurance can fill the cap. At the very least, you might get wage loss coverage if you cannot earn income during repair times.
· Consult with a Property Damage Attorney
You stand to lose nothing if you schedule a consultation with a property damage lawyer for a car accident. An experienced attorney will review your case’s evidence and establish your odds of receiving compensation for your damages.
Your lawyer can also suggest additional evidence and guide you on proceeding with the case. Although property damage claims attract lesser settlements than personal injury claims, you still deserve to be fully compensated.
If you are injured in a car accident, your injury and property damage claims can be pursued simultaneously.
However, property damage is relatively easy to document and prove, so it will likely settle before your personal injury settlement or verdict.
How Can a Lawyer Help with Your Property Damage Claim?
You have rights, at the very least, to receive fair compensation for the loss of your property. Filing a claim on your own may result in discrediting or devaluing your claim.
The insurance company takes advantage of your lack of knowledge to avoid paying you. Insurance adjusters will try to make a lowball offer or underrate the actual market value of our property or repair costs.
An experienced property damage attorney for a car accident is familiar with the law and will know which factors of your case require special attention. They can protect your rights and ensure you get the best possible outcome for your case.
Personal injury and property damage laws are complex, and they vary from state to state. Some exceptions can make a difference in the outcome of your claim.
For example, the law may extend to the statute of limitations under some circumstances, giving you more time to file your claim.
The insurance company is never going to share this information with you. A property damage attorney for car accidents knows the law and has exceptional negotiation skills. They know what a fair deal is and will not back down until you get the best possible settlement.
Hiring a lawyer to handle your property damage also delegates the challenging parts of the claim to a professional.
You relieve yourself from the hassle of gathering information, cost estimates, and returning calls from the claims adjuster. You can relax while a lawyer handles all these matters that arise after an accident.
Speak to a Car Accident Lawyer for a Property Damage Claim!
The knowledgeable personal injury lawyers at Legal Giant can protect you from inadvertent outcomes and help you understand your legal rights and options.
If you have been involved in a car accident or your car was damaged in one, and you wish to understand your legal options regarding compensation, we can help.
Contact us to schedule a free, no-obligation case evaluation with a property damage lawyer for car accidents in your state today.
