Property Damage Claims Q & A
By |
If your vehicle has been damaged in an accident that was caused by someone else's negligence,YOU HAVE THE RIGHT TO LOOK TO THAT PERSON'S INSURANCE COMPANY FOR COMPENSATION. The following are answers to some of the common questions people have about Property Damage Claims.
What Should I do First?
- The first thing you should do is contact the at-fault driver's insurance company to inform them of the accident. At this time you will want to make arrangements to have the damage to your car assessed.
You should also ask about a rental car if you are going to need one. If the at-fault driver has not yet reported the accident,
they may want to see the accident report before admitting liability. You may be able to speed up the process by getting a
copy of the report yourself and furnishing it to them.
What Am I Entitled To Recover?
- The basic rule is that you are entitled to recover the difference between what your car was worth immediately before the accident and what
it was worth immediately after the accident. This is determined by either the cost of repairing the vehicle or the fair market
value of the vehicle, which is usually determined by its Blue Book value.
Who Chooses Which Method Is Used?
- The insurance company will make this decision based upon the estimated repair costs. If these are more than 75% of your car's Blue Book value,
they will probably total your car and pay you that value.
How Many Estimates Should I Get?
- In most cases, None. The common practice today is for the insurance adjuster to make an estimate of the repair costs. If the company decides to
repair the vehicle, you can then arrange with the repair shop of your choice to do the work. If the shop finds damage that
the adjuster overlooked or underestimated, the shop will contact the adjuster to work out additional payment.
Can The Insurance Company Require Use Of After-Market Parts ?
- Yes, if those parts are equal in quality to manufacturer parts.
Am I Entitled To A Rental Car?
-You are entitled to recover for the loss of use of your vehicle. This is usually determined by the cost of renting a reasonable replacement, but the insurance company is
not required to arrange a rental car for you. In that case, if you rent one yourself, you are entitled to recover that cost.
Even if you don't rent a car, you are still entitled to be compensated for loss of use.
If My Car Is Totaled But I Want To Keep It, Can I?
- Usually, but the insurance company may reduce what they pay by the car's salvage value. Also, the title may have to be sent to DMV so that the fact that the car was totaled can be noted. This may affect the cars
future resale or trade-in value.
If My Car Is Totaled, Which Blue Book Value Should Be Used?
- Usually 3 values are given, loan value (the lowest), wholesale value, and retail value (the highest). As you will have to pay retail for a replacement, that is the value you should ask for.
What If They Total My Car And I Owe More Than Its Worth?
- If you find yourself in this situation, you should discuss substitution of collateral with your lender. If the lender agrees, you can use the insurance money to purchase a replacement and have that vehicle stand
as security for the loan.
What If I Have Installed Extras On The Car ?
- You are entitled to be compensated for new radios and other non-stock items you installed. The amount is the difference in the values of the non-stock and stock items.
What If The Other Person's Insurance Refuses To Pay For The Damage?
- This sometimes happens because of questions about liability or for other reasons. If you have collision insurance, contact your own company about getting the repairs done, and let them deal with the other company about payment. You will
have to pay a deductible, but if the other company eventually pays, this will be reimbursed. If you don't have collision coverage,
you will have to sue the other person.
What If The Other Person Doesn't Have Insurance?
- Talk with your insurer about using your uninsured motorist coverage. Unless you rejected it in writing, you should have this coverage While it may not cover the property damage in
your situation, if it does, your insurance steps in to cover the other driver's liability to you, less a $100.00 deductible.
Once the accident has been reported to the other driver's insurance, an adjuster will be assigned to handle the claim for that company. The adjuster is an insurance professional whose job is to protect the interests of his or her employer, usually by paying you as little as possible. The adjuster is not required to inform you of your rights as an accident victim or to look out for your interests.
The adjuster will decide whether, for what, and how much the insurance company will voluntarily pay you. If you dont agree with what the adjuster offers, your only recourse is to take the matter to court, and let it decide how much you should get. Fortunately, because most Property Damage Claims can be valued by using established formulas, you can often achieve a quick and satisfactory settlement of the claim. Knowing your rights in regard to the property damage can help you do this.
© 1999 Richard A. Peniston & Associates, P.A.