Property Damage Claims in Car Accidents

When you're in a car accident due to someone else's negligence, you will certainly have some kind of damage to your car in addition to possible physical injuries to your body. We typically only represent car accident victims in bodily injury claims and not property claims, but we do help out with these. Here's how your property damage claim typically works.

The property loss claim and the injury claim are usually handled separately and one should not affect the other. The property loss claim is handled by either your or the other driver's insurance company and is usually resolved before the injury claim.

If your car can be repaired, then the insurance company will ask that you take it to a mechanic for a repair estimate. They will then schedule the repairs and get your car fixed at no charge to you. Or, they will pay you for the cost of the repairs and let you get it fixed on your own. In the meantime, if you have your own property loss insurance, your insurance company may provide you with a rental. You will have to check your policy to see. If you don't have property loss coverage, then you probably will not be able to get a rental while your car's being fixed.

If your car is declared a total loss, meaning it will cost more to fix it than it's worth, then the insurance company will pay you for the entire loss. The amount of money you get depends on the fair market value of your car. Fair market value is what a willing buyer would pay a willing seller under no compulsion to purchase. A good place to look for this number is Craigslist or your local newspaper ads. If you cannot agree on a value, then you will have to go to court and have a judge or jury determine the value.

If you've been injured in a car accident and you have a question about the property damage to your car, please feel free to contact Meyerkord & Russell. We are Kansas City area personal injury attorneys who specialize in car and truck accidents.