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When another driver causes a crash, one of the first practical questions is how to recover the cost of what was damaged. Car accident property damage claims are the formal mechanism for doing that, and they can be filed with your own insurance company, the at-fault driver’s insurer, or both, depending on the circumstances.
In straightforward cases, the process moves quickly. In others, disputes over fault, repair estimates, or total loss valuations can complicate things considerably. This page walks through the steps involved in a property damage claim from the scene to settlement, including some important decisions most drivers do not know they need to make until they are already in the middle of the process.
Ensuring that you’ll have a smooth process getting compensation for damaged property starts right after the accident. You don’t need to worry about lost future wages or the role of expert witnesses in accident cases just yet. Right now, your job comes down to a few simple steps:
This is the absolute first thing that should be done after any accident. Make sure you and any other people involved are okay and aren’t in a position to be hurt further. Call 911 if necessary.
Take photos of both vehicles (even parts that might not appear damaged) and take photos or videos of the accident scene, including road conditions and posted signs. It’s easy for someone who’s just been in an accident to miss important details, and taking what feels like too many pictures can compensate for that. This might be your one chance to get clear, straightforward evidence of damage.
Everyone knows that after an accident with another driver, you should exchange contact and insurance information. What some people don’t know, or don’t think of immediately after an accident, is that it can be important to trade information with witnesses, as well.
By the time the police arrive, those who saw the accident in real time might be gone, so it’s important to get their information as soon as possible. This might be the only time you can connect with what might later be invaluable information.
This can feel unnecessary for small accidents, but filing a police report establishes official documentation of the accident. This can be important depending how negotiations with insurance companies unfold, as an official, quickly-filed report can help bolster your claim. This report can also affect how fault is determined in a car accident.
After an accident, your first two calls should be to 911 and the police. Your third call should be to your insurer. They will ask for all the needed details, establishing a paper trail of official documentation right away.
Once you’ve reported the accident to the police and your insurance company, your insurer will send an adjuster to assess the damage. This expert will be the one to determine what damage has been done, what the cost of repairs is, and whether the vehicle has been totaled.
Assuming everything goes smoothly, the process of filing a property damage claim is relatively straightforward.
After the accident, call your insurer and provide them with the information they need.
The adjuster assesses the damage done to the vehicle and establishes the cost of repairs.
You review the estimate, and if you disagree with it, you seek a third party’s opinion or reach out to legal counsel.
Once the estimate is agreed upon, the insurance company signs off on repairs.
Once the repairs are approved, the vehicle is repaired, often by a shop of the insurer’s choosing, and your insurer pays the shop directly or compensates you for the costs.
Before walking through the filing steps, it helps to understand that you typically have a choice in where your car accident property damage claim is directed, and that choice affects how the process unfolds.
A first-party claim is filed with your own insurance company. This can move faster because your insurer has a contractual obligation to process your claim promptly, regardless of who caused the crash.
The tradeoff is that you will usually be responsible for your deductible, at least initially. If the other driver is found to be at fault, your insurer can pursue reimbursement from their carrier through a process called subrogation, which may result in your deductible being refunded.
A third-party claim is filed directly with the at-fault driver’s insurance company. If liability is clear, this approach can be effective and avoids triggering your own deductible.
However, it puts you in a position of negotiating with an insurer that has no contractual obligation to you and whose primary goal is to limit its payout. Third-party claims can move more slowly, and disputes over fault or damage valuation are common.
There is also an important caution that applies regardless of which route you take: read every document carefully before signing anything. Property damage settlement paperwork sometimes includes release language that goes beyond the vehicle claim.
Signing a property damage release without reviewing it can inadvertently waive your right to pursue a separate personal injury claim for the same accident. If you have any injuries, or if you are not yet certain whether you do, get legal guidance before you put your name on any settlement agreement. Once a release is signed, it is generally final.
As with all aspects of car accidents, property damage claims can be a stressful process. Following the above steps will help you navigate the basics, but always remember that a skilled lawyer from Gage Mathers is a phone call away. With our help, you won’t have to navigate the stress of an accident alone, and we’ll ensure you get the money you deserve!
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