How To File A Property Damage Claim For A Car Accident

The term “property damage” refers to damage caused to your property, such as your car or its contents, in the event of an accident. In California, the law splits property into two categories: real property, like land and buildings that can’t move, and personal property, which includes things like cars and other personal stuff you can move around. This difference is important because it decides what kind of claims you can make and how much money you might get back for the damage.

US roads see a high number of traffic accidents each year. More cars on the road means a higher chance of encountering a potentially negligent driver. When your journey on these highways leads to a car accident resulting in property damage, knowing how to file a claim becomes crucial. Property damage claims cover things like fixing your car or replacing damaged items, but they don’t pay for any injuries resulting from accidents. If you’re hurt, you’d have to file a different claim called a personal injury claim to seek money for those losses.

Filing a property damage claim after a car accident can get complicated. Usually, victims can start the process by reporting the incident, but managing negotiations is something a car accident lawyer can help with.

How To File A Property Damage Claim After A Car Accident

Dealing with property damage after a car accident can be incredibly stressful. Repair costs and other related expenses can quickly add up. To help cover these costs, you can file a property damage claim against the party responsible for the accident. This can help you seek the compensation needed to repair or replace your damaged properties.

Here’s a guide to filing a property damage claim:

Gather Information

Start by collecting all relevant details about the crash at the accident scene. Such details include all parties’ names and contact information, insurance policy numbers, witness statements, and police reports.

Report The Accident

Call 911 to report the accident. Notify your local police department or highway patrol immediately. Once the police respond to the scene, they will document the incident. You can request a copy of their report since it’s crucial for your insurance claim for property damage.

File SR-1 Form

Submit an SR-1 form with your state’s Department of Motor Vehicles (DMV) if damages or injuries exceed $1,000. It must include comprehensive details and be delivered to the DMV within ten days of the accident. This form requires detailed information about the accident, including the date, time, location, and the parties involved.

Notify Your Insurance Company

Inform your insurance provider about the accident and provide them with the information you have gathered. They will guide you through the process and help you file a claim with the other driver’s insurance company.

• If another driver caused the accident, injury lawyers can help you contact their insurance company to start sorting out compensation. It’s crucial to gather evidence like the police report, witness statements, medical records, and any photos or videos from the scene.
• If the driver wasn’t the vehicle’s owner, you might still be able to file a claim against the vehicle’s owner. Your injury attorney can help identify who may be responsible and negotiate with their insurance companies on your behalf.
• If you’re in an accident with a driver who doesn’t have enough insurance, your own policy might have uninsured/underinsured motorist coverage. This may help cover your medical bills, car repairs, and lost wages, so you’re not left paying for everything yourself.

Keep all documentation related to the accident, especially repair or replacement cost estimates. Thorough records can strengthen your claim and provide evidence to support your request for compensation.

Wait For The Investigation Process

The insurance company will assign an adjuster to evaluate your claim within 15 days. They will review all relevant information, including car inspections, damages, and other evidence. Wait until their investigation is completed.

Then, they will determine fault and may deny the claim or offer a settlement to cover damages. You can negotiate their settlement offer or get help from an injury lawyer if you think your claim is worth more. While most claims are handled within a few weeks to a month, the case’s complexity, such as fault disputes and large damages, can greatly delay the process.

Accept Settlement Or Appeal A Denied Claim

Sign a form to release the payment if you and your adjuster agree on how much you’ll get. They have to pay you within 30 days of accepting your claim, though some policies might take longer. They can pay you directly or send the money to your service providers (like medical providers and car repair shops) or lienholders if your vehicle has a loan.

If your claim gets denied, car accident lawyers can help you evaluate if it’s fair. They can advise you on what to do next, like going to court to seek compensation. Understanding how the insurance process works, gathering strong evidence, and having an injury lawyer can help you navigate the claims process.

Resolving differences in claims is a different story. Remember that insurers may conduct their own assessment to verify a claim. Initial settlement offers may seem reasonable, but they may not fully cover the actual cost of repairing or replacing damaged property. A car crash lawyer can evaluate your losses and determine if the settlement offer is adequate.

Does Car Insurance Cover Property Damage?

Some insurance policies cover property damage. Here’s how different types of car insurance coverage can help you with your property damage after a car accident:

• Property Damage Liability Coverage — If the accident wasn’t your fault, you can file a claim against the at-fault driver’s insurance provider. For example, California’s minimum auto insurance requirements included $15,000 in coverage for property damage.
• Vehicle Restoration Costs — All expenses related to restoring the damaged vehicle, including replacement parts and labor costs.
• Physical Property Damage — Repairs for physical damage to other properties, such as lamp posts and fences.
• Loss of Income Due to Car Damage — Victims may pursue compensation if they cannot work or experience reduced income because the vehicle is permanently or temporarily unusable.
• Additional Court-Ordered Fees — The court may determine additional fees beyond the mentioned coverage.
• Uninsured or Underinsured Motorist Coverage — If the at-fault driver lacks adequate insurance or doesn’t have insurance at all to cover your property damage, uninsured or underinsured motorist coverage can step in. These situations are often referred to as uninsured motorist accidents. In such cases, uninsured motorist accident lawyers can help explain how this coverage works and what steps you may need to take.
• Collision Coverage — With collision coverage, you can file a claim with your own insurance company to cover vehicle repairs, rental car expenses, or the cash value if your car is totaled. This coverage is applicable regardless of who caused the accident.
• Comprehensive Coverage — Comprehensive insurance covers damages caused by things other than collisions, like weather, vandalism, fire, and theft. It’s helpful for situations beyond typical accidents.

Remember, with collision and comprehensive coverage, you’ll need to pay your deductible first before your insurance kicks in to cover the rest. If your deductible is $1,000 and your repairs cost $5,000, you pay the first $1,000, and your insurance covers the remaining $4,000. It’s essential to review your policy to understand what’s covered and what your deductible is.

What Factors Affect The Compensation For Property Damage Claims?

When you file a property damage claim, the compensation you may be able to pursue depends on a few things:

• Replacement Value — This value refers to the cost of replacing the damaged item with a similar one. For example, if your car was damaged, the replacement value would be the value of the same car of the same make and model.
• Actual Cash Value — Property value changes over time. For example, a car depreciates as it wears with constant use, and the latest models arrive. Insurers may use the actual cash value based on the property’s age and average lifespan to determine your compensation.
• Repair Costs — If you can get the damaged vehicle fixed, the claim will cover the repair expenses. These costs include labor performed at a body shop, new parts, and other related expenses.
• Loss of Use — This coverage refers to the inconvenience or inability to use the damaged item during the repair or replacement process, including its impact on your ability to earn income. For instance, if your vehicle is crucial to your business and is temporarily out of commission, you can seek reimbursement for financial losses. The claim may also cover the expenses of renting a temporary replacement or alternative.
• Sentimental Value — Certain possessions, such as family heirlooms or special gifts, often hold personal or sentimental value for the owner. Assigning a monetary value to these items can be challenging due to their emotional significance. Nonetheless, courts may consider sentimental value for truly irreplaceable items, such as one-of-a-kind pieces and family treasures.

An accident lawyer can assess the damage to your property, evaluate the replacement or repair costs, and consider these other factors.

How The Court Calculates Property Damage Claim Amounts

Determining the amount you can seek through claims requires a comprehensive assessment of your property damages. An attorney handling property damage claims will look at receipts, bills, and invoices to calculate tangible losses.

Additionally, insurance companies often reimburse victims based on the actual cash value of the damaged item at the time of the incident, not the initial amount spent. To calculate this value, they would determine how much useful life the damaged property had before the accident and multiply it by the replacement cost.

For example, a typical sedan has an average lifespan of 12 years. Your car is six years old, so it still has 50% of its life left before the accident. To calculate this value, insurers assess the property’s depreciation based on its age and condition, then subtract that amount from the replacement cost. This amount is typically what you’ll get to help replace your vehicle. However, the final amount may differ based on the insurer’s specific valuation process.

Common Types Of Property Damage Insurance Claims And Their Potential Benefits

As a policyholder who pays premiums for property insurance, you have the right to file a claim when your property sustains damage from causes covered by your policy. To give you a better idea, below are examples of the commonly filed property damage claims in California:

Damage To Homes

This category includes a wide range of damages to residential properties, such as houses, apartments, or condos. Damage to homes could happen if a car accident occurs on a residential street. For instance, a car can drift off the road and hit a fence, or a driver may lose control and crash directly into a house.

Depending on the policy terms, insurance may cover structural repairs, replacement of damaged belongings, temporary housing during repairs, and other related expenses.

Damage To Businesses

Business property damage claims involve damages to commercial buildings, offices, retail spaces, and industrial facilities. Insurance coverage for business property damage is vital for covering repair costs, replacing business assets, and sometimes even income loss during the restoration period.

Damaged Vehicles

Vehicle damage claims cover damages to automobiles, motorcycles, trucks, or any other mode of transport. Damage to vehicles may vary depending on the type of accident. For example, rear-end collisions, especially at low speeds, might only damage the back of the vehicle. However, head-on collisions and rollovers might cause more serious damage to the entire car.

Insurance for damaged vehicles covers repair expenses and new parts. Compensation may also provide funds to purchase a replacement vehicle.

Personal Properties (Chattel)

Personal property, often referred to as “chattel,” includes belongings such as electronics, clothing, and other personal items. Insurance coverage for personal property damage helps replace or repair these belongings, allowing you to seek reimbursement for the value of what was lost or damaged.

Understanding the specifics of each type of claim helps victims make informed decisions, which helps them pursue appropriate compensation for damages. Seeking advice from a property damage claims attorney can offer further clarity and legal guidance personalized to your unique situation.

Who To File A Property Damage Claim Against

Car accident victims can file a property damage claim against the negligent party’s insurer or their insurance provider. Here’s a breakdown of when to file a claim against these companies:

• The Responsible Party’s Insurance Provider — If damage to your property results from negligence or intentional harm caused by another party, you can directly file a claim against their insurance company and seek available compensation.
• Your Insurance Provider — If the at-fault party has no insurance or is underinsured, you may file a property damage claim with your provider. In the State of California, for example, insurance companies must offer uninsured/underinsured motorist coverage. Unless you sign a waiver, you most likely have this policy.

Although you can file a claim against these companies, there’s one thing you should remember when negotiating with them. Since they also validate claims, they may find some reasons to deny or dispute them. They may do this if a claim lacks sufficient evidence or proper documentation. A personal injury attorney can help victims gather evidence and build a well-supported case.

Deadline For Filing A Property Damage Claim After A Car Accident

Generally, you have three years to file a claim from the date the damage occurred. If you file a property damage lawsuit after the three-year deadline has lapsed, the defendant would likely submit a motion to the court requesting dismissal of the case. In most cases, the court will grant this dismissal unless exceptional circumstances warrant an exemption from the deadline.

The statute of limitations can be paused or tolled for several reasons, including the following:

• If the defendant is out of state after the accident, the deadline could be paused. It will resume once the individual returns to the state.
• If you are under 18 or lack the legal capacity to make decisions at the time of the incident, an exception provided in Code of Civil Procedure Section 352 might apply, potentially tolling the deadline.

Additional exceptions may also extend the statute of limitations in certain states. Nevertheless, allocating sufficient time to initiate a claim or lawsuit is critical so that you do not miss deadlines and avoid unnecessary complications.

Lawyers who handle car accident cases can help you understand these time limits, determine whether exceptions may apply, and guide you through the process of filing your property damage claim.

Frequently Asked Questions

If you’re dealing with property damage after a car accident, you may have questions about how the claims process works. Our car accident lawyers address common concerns from clients about insurance, repairs, and the steps involved in filing a property damage claim.

What Is Considered Property Damage In A Car Accident?

Property damage in relation to car accidents includes any physical harm to your vehicle and any personal belongings inside it. This can range from minor dents and scratches to total destruction of the car, as well as damage to items like electronics, clothing, and other valuables that were in the vehicle at the time of the accident. If you’re unsure how these losses fit into your claim, car crash attorneys can explain your options and guide you through the process.

How Much Is The Average Car Accident Settlement?

The average settlements for car accidents can vary significantly depending on factors like injuries, property damage, and lost wages. For accidents involving motorcycles or commercial trucks, settlements can be higher due to the increased risk of serious injuries they can cause. It’s essential to gather all documentation and work closely with your insurance provider or car accident attorney to pursue compensation for your damages.

How Much Do Lawyers Take From Settlements?

Most personal injury lawyers, including ours, work on a contingency fee basis. This means they don’t charge you any attorney’s fees upfront. They also don’t get paid unless compensation is obtained. The lawyer’s fee covers their time, skills, and the costs they incur while handling your case. The exact amount can vary depending on factors like how complex your case is, the potential risks involved, and whether the case settles early or goes to trial.

It’s important for clients to discuss and understand this fee arrangement with their lawyer to avoid any surprises later. If your injury lawyer doesn’t win your case, typically, you won’t owe them professional fees. Please note that clients may still be responsible for certain case-related costs regardless of the outcome. This arrangement promotes transparency and clarity throughout the legal process.

Can You File Separate Claims Or Lawsuits For Personal Injury And Property Damage?

You can file separate legal actions for each because property damage and personal injury are different. For example, if you and your spouse are victims of a negligent driver, you may file a property damage claim for your wrecked car. Meanwhile, your spouse can file a personal injury case at a later date, so long as they are able to take action within the statute of limitations.

Getting compensation for property damages won’t bar your spouse from pursuing monetary reparation for their injuries, whatever the type, from spinal cord injuries and traumatic brain injuries to burns, eye injuries, and any other type they may have sustained.

Since both claims can get complicated, it’s advisable to work with a personal injury attorney to help you navigate each legal action. Your injury attorney can draft a claim on your behalf.

What If Your Car Is Totaled?

A car is “totaled” if the cost of repairs is more than the vehicle’s value, even if it didn’t get into an accident. If this happens to your car after an accident, the insurance company will pay an amount equal to your car’s fair market value.

The fair market value of a car is defined as the highest price a buyer is willing to pay you the day before the accident happens. Insurers typically base the amount on the average of at least two comparable vehicles sold or listed in the last 90 days. They may also use the Kelley Blue Book.

If your car is declared a total loss, traffic accident lawyers can help you review the valuation and explain your legal options. They can also provide guidance if disputes arise with the insurer about the payout.

Can I Keep My Car If It Has Been Totaled?

Yes, you may keep your car if it has been totaled, though the insurer typically lowers the payout to reflect its salvage value. Additionally, you must send the car’s title to the DMV so they can officially note that the vehicle was totaled in an accident. The car will never have a “clean” title, but if you can repair it and deem it roadworthy, you may still drive your vehicle or sell it.

What Is The Time Frame For An Insurance Company To Investigate A Car Accident Claim In California?

When you file a car accident claim with an insurance company, the California Code of Regulations requires them to acknowledge it within 15 days. Once they accept your claim, they have about 40 days to finish their investigation. If they need more time, they have to let you know the reason in writing. Lawyers representing car accident victims can explain how these timelines work, help monitor the insurer’s response, and advise on the next steps if delays occur.

What Is The Deadline For Reporting A Car Accident To Your Insurance Company?

When you’re in a car accident, it’s important to inform your insurance company immediately, ideally within the first day or two after the incident. This quick notification helps you comply with the terms of your policy, especially since it can affect how smoothly your claim goes. Remember, the exact deadline might differ depending on your insurance policy, so it’s important to check your coverage details to avoid any delays in processing your claim.

Do I Need A Car Accident Lawyer For Property Damage?

Hiring a car accident lawyer can be helpful when dealing with property damage claims. Personal injury lawyers can negotiate with insurance companies on your behalf to seek compensation and handle any disputes that may arise.

Insurance adjusters may offer less than the actual cost of repairs or replacement. They might get repair estimates using cheaper parts or undervalue your vehicle if it’s deemed a total loss. While an attorney may not be necessary for minor damage, an injury lawyer can provide support when the case involves significant damage or legal disputes.

Can Undocumented Immigrants Sue For Personal Injury And Property Damage?

Yes, you can file a personal injury claim for any injuries you sustain in an accident, regardless of your immigration status. This also applies to property damage. Being undocumented doesn’t affect your right to seek compensation from those responsible for a car crash. You can also file a wrongful death lawsuit if a loved one has passed away due to an accident, no matter your immigration status or theirs. Eligible family members may be able to pursue compensation for their wrongful death case.

Get Help Filing Your Property Damage Claim After A Car Accident

Take time to carefully evaluate any initial settlement offer before accepting it. Even though there may be challenges during the claims process, don’t be discouraged. Stay respectful and informed when dealing with insurers. Remember, you don’t have to accept the first offer, especially if you can justify that your vehicle is worth more.

If you think you need a car accident lawyer to file a property damage claim, our team is available to help. What our car accident lawyers can do is guide you through the process of filing. We will support you in seeking compensation for your losses.

Car accidents happen almost daily throughout California. Anyone can be a victim, so understanding your options can help protect your legal interests. An attorney who handles car accidents can support you throughout this process.

Arash Law has years of legal experience. If you are suffering because of someone else’s negligence, call us at (888) 488-1391 or complete the “Do I Have A Case?” form here for a free initial case review.

You can consult with our injury lawyers at home, at work, or anywhere in the state. Our personal injury attorneys serve the whole of California, including Los Angeles, Pasadena, Beverly Hills, Sacramento, Long Beach, San Francisco, Chula Vista, San Diego, Glendale, San Jose, Fresno, Oakland, Riverside, Orange County, Kern County, Contra Costa County, Humboldt County, and Stanislaus County.