What Is Considered Property Damage in a Car Accident?

Property damage in a car accident is any economic cost you’ve had to bear because your property was damaged or broken. When most people think of car accidents, they often focus on the physical injuries. However, property damage is another significant consequence of many collisions.

Founded in 2003, our Phoenix car accident lawyers can explain what you can claim when a crash results in property damage. Even if you were uninjured, you may still be owed compensation for damage to your property.

Types of Property Damage in Car Accidents

Car accident property damage can encompass a wide range of expenses, including:

• Vehicle damage: This is the most common type of property damage in car accidents. It can include everything from minor dents and scratches to total vehicle loss. The cost of repairing or replacing a damaged vehicle can be substantial, especially if it’s a newer or high-end model.
• Personal property: Any personal belongings that are damaged or destroyed in a car accident may be considered property damage. This can include items like cell phones, laptops, clothing, jewelry, and even groceries or other purchases.
• Real property: In some cases, car accidents can cause damage to real property, such as fences, mailboxes, buildings, or landscaping. The cost of repairing or replacing this damage can be included in a property damage claim.
• Rental car expenses: If your vehicle is damaged in an accident and requires repairs, you may need to rent a car in the meantime. The cost of renting a car can be considered part of your property damage claim.
• Towing and storage fees: If your vehicle is not drivable after an accident, it may need to be towed and stored at a garage or impound lot. The fees associated with towing and storage can also be included in your property damage claim.

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Assessing Property Damage in Car Accidents

After a car accident, one of the first steps in the claims process is to assess the extent of the property damage. This is one of the jobs of an insurance adjuster. This typically involves:

• Inspecting the damage: An insurance adjuster or appraiser will examine the damaged vehicle and any other property to determine the extent of the damage. They may take photos, measurements, and notes to document their findings.
• Estimating repair costs: Based on the inspection, the adjuster or appraiser will estimate the cost of repairing the damage. This may involve getting quotes from repair shops or using industry-standard databases to determine fair market value.
• Determining total loss: In some cases, the cost of repairing a damaged vehicle may exceed its actual cash value. In these situations, the vehicle may be declared a “total loss,” and the insurance company will pay out the fair market value of the vehicle rather than the cost of repairs.
• Evaluating personal property: If personal property is damaged in the accident, the owner will typically need to provide documentation of the items, such as receipts, photos, or appraisals. The insurance company will then determine the value of the damaged items and include it in the settlement.

It’s important to note that the initial assessment of property damage may not always be accurate or complete. If you disagree with the insurance company’s valuation or believe that additional damage has been overlooked, you have the right to contest their findings and seek a fair settlement.

Compensating Property Damage in Car Accidents

Once the extent of the property damage has been assessed, the next step is to determine who is responsible for paying for it. In most cases, this will depend on who was at fault for the accident and what type of insurance coverage is available.

• If you are at fault: If you are determined to be at fault for the accident, your own insurance company will typically be responsible for paying for your property damage up to the limits of your policy. This is known as “collision coverage.”
• If the other driver is at fault: If the other driver is determined to be at fault for the accident, their insurance company will typically be responsible for paying for your property damage. 
• If the other driver is uninsured or underinsured: If the other driver does not have insurance or does not have enough coverage to compensate your property damage fully, you may need to rely on your own “uninsured/underinsured motorist” coverage if you have it.
• If there is a dispute over fault: In some cases, there may be a dispute over who was at fault for the accident. In these situations, you may need to provide evidence and arguments to support your claim, and you may need to negotiate with the insurance companies to reach a fair settlement.

Insurance companies are businesses, and their goal is to minimize their payouts and maximize their profits. They may try to lowball you on your property damage settlement or deny your claim altogether.

If you feel that you’re not being fairly compensated, it may be in your best interests to consult with an experienced car accident attorney who can advocate for your rights and help you seek the full value of your damages.

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Protecting Your Rights and Interests

If you’ve suffered property damage in a car accident, there are several steps you can take to protect your rights and interests:

• Document the damage: Take photos of your damaged vehicle and any other property, and keep copies of any repair estimates, receipts, or other relevant documents.
• Notify your insurance company: Contact your own insurance company as soon as possible after the accident to report the damage and start the claims process.
• Be cautious: If the other driver’s insurance company contacts you, be careful about what you say. Stick to the facts of the accident and avoid admitting fault or accepting a settlement offer without consulting with an attorney.
• Keep track of your expenses: If you incur any out-of-pocket expenses related to the property damage, such as rental car fees or towing costs, keep receipts and records of these expenses.
• Consider hiring an attorney: If you’re having trouble getting the insurance company to cooperate or if you believe you’re not being fairly compensated for your property damage, consider hiring an experienced car accident attorney to represent your interests.

Remember, you have the right to be fully compensated for any property damage caused by another driver’s negligence. Don’t hesitate to stand up for your rights and seek the compensation you deserve.

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Conclusion

Property damage is a major consequence of many car accidents, and it can have a significant impact on the lives of those involved. From vehicle repairs to personal property loss to out-of-pocket expenses, the costs of property damage can quickly add up.

By understanding what is considered property damage in a car accident, how it’s assessed and compensated, and what steps you can take to protect your rights and interests, you can be better prepared to navigate the claims process and seek the full value of your damages. 

If you’re ever in doubt about an insurance company’s offer to settle, don’t hesitate to seek the guidance and support of an experienced car accident attorney. Contact Zanes Law to get legal advice about your situation in a free consultation.

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