Table of Contents
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 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 get 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 skillfully managing negotiations is something that will require the expertise and experience of a car accident lawyer.
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 get 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 figure out who’s 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 can 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 strengthen your claim and ensure you have 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 once 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, skilled car accident lawyers can help you figure out if it’s fair. They can advise you on what to do next, like going to court to fight for full compensation. Understanding how the insurance process works, gathering strong evidence, and having an injury lawyer can boost your chances of getting the right amount for property damage after a car crash.
Resolving differences in claims is a different story. Remember that insurers will do everything to pay as little as possible. Initial offers may look tempting at face value, but these often fall short of what’s truly needed to repair or replace your damaged property. Without the strong negotiation skills of a car crash lawyer, you might end up accepting a settlement that doesn’t fully cover the costs, leaving you paying out of pocket.
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 $5,000 in coverage, often used for the following:
- 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 — Compensation is provided to victims 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.
- 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 receive 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 receive 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 had 50% of its life left before the accident. If the replacement cost today is $35,000, the insurer typically multiplies it by its remaining life, which is 50%. With this formula, your car’s actual cash value would be $17,500. This amount is typically what you’ll get to help replace your vehicle.
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 the most frequently 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.
Insurance coverage addresses these situations by paying for structural repairs, replacement of damaged belongings, temporary housing costs 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, ensuring you can recover the value of what was lost or damaged.
Understanding the specifics of each type of claim helps victims make informed decisions, ensuring they receive the 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 the highest compensation available.
- 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. Despite serving their clients, insurers are businesses focused on their interests. They will strive to minimize payouts by exploring reasons to deny or reduce the amount you could claim.
Be careful about what you say when talking to them. Most importantly, do not admit fault or apologize, as insurers will interpret these actions as guilt. In addition, do not consent to any recorded conversations or sign any document without a reliable personal injury attorney.
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. This proactive approach ensures you do not miss the deadline and avoid unnecessary complications.
Frequently Asked Questions
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.
How Much Is The Average Car Accident Settlement?
The average settlements for moderate cases range from about $20,000 to $30,000. This amount considers factors like injuries, property damage, and lost wages. For accidents involving motorcycles or commercial trucks, settlements can be higher, ranging from $50,000 to $150,000, 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 ensure you receive fair compensation for your damages.
How Much Do Lawyers Take From Settlements?
Most lawyers take between 33% and 40% of the settlement amount. Although some lawyers charge their clients hourly, many work on a contingency fee basis. This means they don’t charge you upfront. Instead, they take a percentage of any settlement or award you receive. This fee covers their time, expertise, and the costs they incur while handling your case.
For instance, if you settle for $100,000 and your lawyer’s fee is 33%, they would receive $33,000, leaving you with $67,000. The exact percentage 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 upfront to avoid any surprises later. If your injury lawyer doesn’t win your case, typically, you won’t owe them anything. This arrangement helps ensure 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 getting 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 best to hire 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 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 a 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.
Can I Keep My Car If It Has Been Totaled?
Yes, you may keep your car if it has been totaled, but you will only receive a partial settlement. The insurers will deduct the car’s salvage value from the amount you receive. 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.
What Is The Deadline For Reporting A Car Accident To Your Insurance Company?
When you’re in a car accident, it’s important tinform your insurance company immediately, ideally within the first day or two after the incident. This quick notification helps ensure you’re following 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 wise to check your coverage details to avoid any delays in processing your claim.
Do I Need A Car Accident Lawyer For Property Damage?
Getting a car accident lawyer is worth it when dealing with property damage claims. Personal injury lawyers can negotiate with insurance companies on your behalf, ensure you get the full compensation you deserve, and handle any disputes that may arise.
Insurance adjusters sometimes use tricky methods to minimize property damage claims. They might get repair estimates using cheaper parts or undervalue your vehicle if it’s deemed a total loss. While not always necessary for minor damage, an injury lawyer‘s expertise is invaluable for more significant claims or if the insurance company is uncooperative.
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. Everyone has the right to pursue justice and compensation for their wrongful death case.
Get Help Filing Your Property Damage Claim After A Car Accident Today!
Don’t settle for less than you deserve. Even though insurance adjusters try to pay out as little as possible, don’t be discouraged. Stay respectful and informed when you challenge their decision on your property damage claim. Remember, you don’t have to accept the first offer, especially if you can prove your vehicle is worth more.
If you think you need a car accident lawyer to file a property damage claim, search no further. What our car accident lawyers can do is guide you through the process of filing and fight tirelessly to ensure you get what you truly deserve.
Car accidents happen almost daily throughout California. Anyone can be a victim, so knowing what you can do to get your life back on track gives you an advantage. Hiring a reliable attorney who handles car accidents helps ensure you get maximum compensation for your property damage claim.
Arash Law, under the distinguished leadership of Arash Khorsandi, Esq., boasts decades 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 for a free, no-obligation case review.
You can consult with our injury lawyers at home, at work, or anywhere in the state. We 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.
