When you get in a car crash, the last thing on your mind is litigation and the complexities of insurance policies. If you want help navigating your legal options, we’ll explore what to do after car accident damages and how a car accident lawyer can help you if you have a personal injury claim with property damage to your car.
Every year, over 2 million car-related accidents occur, leaving a trail of property damage and injuries. If you are one of the millions who find themselves in a car accident, you may be feeling overwhelmed and wondering if you need the help of a lawyer. The damages to your personal property and your own health can be stressful.
This article will delve into the complexities of car accidents and related personal injury and property damage claims, addressing whether you can sue for property damage along with your personal injury case, what constitutes property damage, who covers the costs, how to file a property damage claim, and when you might need to pay a deductible.
Even if you feel fine, it is important to be cautious and prioritize your health and safety. Many injuries, such as back injuries, neck injuries and signs of nerve damage, take time to show, and it is important to consult a personal injury lawyer.
Physical injuries from car accidents take center stage because the financial and emotional toll of car accident injury and car accident damage. If you’ve ever wondered about your rights and options when it comes to property damage resulting from a car accident, you’re not alone.
Can You Sue for Property Damage in a Car Accident?
After a car accident, the first thing on your mind will probably be your health, followed closely by, “How much is this going to cost me?”
Suing the person who caused the injury and property damage is one option if your insurance policy is insufficient or you do not have collision coverage.
In the context of a car accident, property damage refers to the harm done to anything other than a person. This includes damage to vehicles, trees, homes, fences, or even personal belongings inside the car, such as laptops, cellphones, or car seats.
Property damage claims typically revolve around factors like the replacement value, repair costs, loss of use, and even sentimental value of the damaged items.
While you can file a lawsuit to recover damages, most property damage claims in car accidents are handled through insurance companies. However, many people don’t realize that insurance policies often won’t cover all the costs. But which is where a skilled lawyer becomes vital for helping you understand your insurance policy and legal options in order to get you as much as possible.
What Qualifies as Property Damage?
Property damage in a car accident encompasses a variety of aspects. It extends beyond physical damage to vehicles and can include damage to personal belongings inside the car. Sentimental or valuable items like antiques, jewelry, or inherited property may also be considered under property damage claims.
Who Pays for Property Damage in a Car Accident?
In most cases, property damage claims in car accidents are processed through insurance companies. Both your insurance company and the at-fault driver’s insurance company may be involved in the claims process.
Reporting accidents to your insurer is essential, as this is generally a requirement in your insurance contract. Additionally, your state may have specific time limits for filing property damage claims. Time limits to file a property damage claim, also known as a statute of limitations, typically range from 2 to 6 years.
In Florida, the statute of limitations for general negligence claims, including most car accident claims, is 2 years. However, the specific claim in your unique situation could differ, and it is important to consult an experienced attorney to determine if you qualify for more time.
How to File a Property Damage Claim After a Car Accident
Filing a property damage claim after a car accident requires several steps:
- Ensure Safety: Immediately after the accident, ensure no one is injured. Safety should always be the top priority.
- Call the Police: Contact the police to create an official record of the accident, which will be necessary for the insurance claim.
- Make an Accident Report: Create your own accident report, noting details such as vehicle damage, weather conditions, the accident location, and other relevant information.
- Collect Information: Gather the other driver’s insurance information and license plate details. Take photos of the accident scene to support your claim.
- File a Claim with Your Insurance Company: Report the accident to your insurance company, even if you are not at fault.
- Contact the At-Fault Driver’s Insurance Company: Initiate a claim with the at-fault driver’s insurance company, which will assign a claims adjuster to your case.
Watch these tips for more information to know exactly what to do at the site of a car crash:
https://www.youtube.com/watch?v=1-VafRHhCAs (embed video)
When Do I Pay a Deductible?
The circumstances under which you pay a deductible in a property damage claim can vary. Suppose you were at fault and caused damage to someone else’s property. Your standard deductible may not apply to their damages in that case, as your insurance company will typically cover those costs.
However, if your vehicle was also damaged in the accident, you may need to pay your collision deductible for repairs. You can often recover your deductible if your insurance company collects from the other driver’s insurer, a process known as “subrogation.”
How Can a Car Accident Lawyer Help?
A personal injury lawyer can sometimes help with your accident damage. This will give you peace of mind that you have an expert on your side to ensure you receive all possible compensation and are treated fairly.
Sometimes, you may not need a lawyer to navigate the insurance claim process for property damage. Effective communication with insurance companies and auto repair shops is often sufficient to resolve these claims. However, there are instances where involving a lawyer is vital to making sure all possible coverage is obtained:
- Claim Denial or Unfair Treatment: If your insurance company refuses to pay benefits or denies your claim without a reasonable basis, this is considered acting in “bad faith.” In such cases, a lawyer can help protect your rights and pursue a lawsuit.
- Additional Assistance: A lawyer can provide extra support in reviewing your policy, ensuring you receive the benefits you are owed, and guiding you through the legal aspects of your claim.
- Suing for Damages: If you want to sue someone directly for property damage, especially to recover a deductible paid to your insurance company, you may need to file a lawsuit in small claims court.
Call our Law Office For Advice on Your Car Accident Damages.
In the aftermath of a car accident with injuries, dealing with car accident damages can be a stressful and overwhelming experience.
If you find yourself dealing with the complexities of a car accident property damage claim with a personal injury case in Florida, getting expert legal assistance who have experience helping clients with cases just like yours can make all the difference.
Don’t let insurance companies or negligent parties undermine your rights and the compensation you deserve. A skilled car accident lawyer can be your advocate, guiding you through the process, negotiating on your behalf, and ensuring that your property damage claim is handled carefully.
Your property and peace of mind are worth safeguarding, and the proper legal counsel can help you achieve just that. Don’t delay; reach out now to protect your interests and secure the compensation you rightfully deserve.
So, if you’re grappling with property damage issues following a car accident, take action today. Perkins Law has helped people just like you receive thousands of dollars in compensation.
If you or a loved one has suffered physical harm from a car accident and want the help of experienced and empathetic lawyers, contact Perkins Law Offices at perkins@perkinslawoffices.com or call for a free, confidential case review at (855) 741 – LAWS (5297).
