After car accidents, vehicle damage ranges from dings to complete losses; personal items inside vehicles can also get ruined. How this damage is assessed, repaired, and compensated depends on factors like insurance coverage and liability. It is not unusual for claimants to face insurance delays and denials when seeking compensation, but understanding how these claims are handled provides clarity.
What Counts as Property Damage in a Car Accident?
Property damage in a car accident refers to any physical damage to a vehicle, but it can also include damage to other personal items. Examples include electronics inside the car, expensive clothing, or sports equipment. The full scope of what qualifies depends on the circumstances and whether the items were damaged as a direct result of the collision.
Who Pays for Property Damage After an Accident?
Responsibility for property damage is usually determined by fault. If one driver is found liable, that individual’s insurance company is generally required to cover the repair or replacement costs. In cases involving partial fault, the total cost may be divided based on comparative negligence laws, which vary by state.
For individuals with collision coverage on their own policies, the insurance company may pay for the repairs regardless of fault. However, a deductible is typically applied before reimbursement. If the other driver is uninsured, uninsured motorist property damage coverage, if included in the policy, may apply.
How Is the Value of the Damage Assessed?
Insurance companies evaluate the damage through visual inspections, photographs, and repair shop estimates. Some companies use proprietary software to estimate repair costs based on labor rates and parts pricing in the area. If the cost to repair the vehicle exceeds its market value, the vehicle is considered a total loss.
The market value is based on the condition of the car prior to the accident, its mileage, and recent sales of similar vehicles. Disagreements may arise between policyholders and insurers regarding the valuation. In these cases, the policyholder may obtain a third-party appraisal or consider a dispute resolution process.
What Happens if a Vehicle Is Declared a Total Loss?
When a vehicle is declared a total loss, the insurance company typically offers a payout equal to the vehicle’s market value before the crash. The title of the vehicle is then surrendered, and the insurer usually takes possession of the vehicle. If the policyholder wishes to keep the vehicle, the insurer may deduct the salvage value from the total payout, and the vehicle may be branded with a salvage title.
The decision to accept a total loss payout or retain the damaged vehicle depends on individual circumstances, including the possibility of future repairs and the car’s sentimental or practical value.
Can I Choose My Own Repair Shop?
In most cases, claimants may choose their own repair facility. Some insurance companies maintain a list of preferred shops, but policyholders are not usually required to use them. We recommend verifying whether the insurer’s estimate will cover all the repair costs if a different shop is selected.
What if Personal Items Were Damaged in the Crash?
Personal property inside the vehicle may be covered under the at-fault party’s liability coverage or the policyholder’s homeowners or renters insurance. Items like laptops, phones, or clothing damaged during the incident may require a separate claim. You will need to provide receipts or other proof of value when seeking reimbursement for these items.
Ask a Media Car Accident Lawyer at Eckell Sparks About Your Property Damage After a Crash
If you have questions about how property damage is handled after a car accident, speak with a respected Media car accident lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. We can explain your legal options and resolve disputes related to fault or insurance valuation. To schedule an initial consultation, call our Media or West Chester, Pennsylvania, office at 610-565-3701 or complete our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.