When you’re in a car accident, you’re often dealing with pain and mounting medical bills. However, you were not the only thing that felt the impact of the collision. A car accident isn’t just about dealing with injuries. In most cases, you’re also dealing with damage to your vehicle. Just like your injuries, damage to a car can range from a minor bump and scratch to a totaled vehicle. You may need to file a property damage insurance claim car accident to repair or replace your vehicle, especially if the damage is significant or the other driver was at fault.
If another driver caused the damage to your car, you deserve fair compensation. Insurance adjusters will try to undervalue your claim and even deny payments. Knowing your rights helps you avoid pitfalls and boosts your likelihood of recovering the compensation you deserve, especially when you understand how property damage is handled in an auto accident.
What Is a Property Damage Insurance Claim?
After a car accident, you likely need to file a property damage insurance claim. This type of claim covers the damage to your vehicle, and it can apply whether you are liable for the accident or if there was another at-fault driver. Whether or not your insurance covers you for an accident you are liable for depends on your insurance type.
Insurers calculate costs using the repair estimates you get from a mechanic or based on the market value of your car through a tool like the Kelley Blue Book (in cases involving a totaled vehicle). Be prepared to show proof of loss to secure any compensation in personal injury.
Common Issues in Property Damage Claims
The process can be confusing and disheartening when dealing with insurance companies and property damage claims. That is one of the reasons most people dread calling their insurance after an accident. The most common issues in these claims are:
- Delay or Denial – Adjusters know that if they delay processing your claim long enough, you may give up the fight entirely. They’ll demand multiple estimates, have you jump through hoops, and even refuse to look at certain repair shops because of the high estimates. The hope is that you’ll become so frustrated that you give up. They may still send you a denial letter even if you don’t.
- Underpayment – Insurers don’t always pay your complete repair estimate or fair market value. In fact, no matter how many estimates you send them, they might still lowball you with an excuse about policy terms and conditions.
- Disputes Over Liability or Coverage Limits – The at-fault driver’s insurance can be just as hard to deal with as your insurance. They will try to dispute liability in order to shift the blame and the responsibility of coverage to your insurance. They may also have an auto insurance adjuster argue that your vehicle only suffered minor damage, or that the at-fault driver’s policy has a coverage limit that does not cover the cost of your repairs.
- Appraisal Clause Challenges – Some policies have an appraisal clause. This clause requires both parties to choose an appraiser, which has historically caused major delays in the claims process.
What to Do If Your Claim Is Denied or Delayed
The claims process can be long, with skillful delay tactics used by insurance companies, and sometimes can result in a denial. If either of these situations applies to you, it’s essential to take these steps:
- Document Everything – Keep your repair estimates, photos, and correspondence from the adjuster. Request proof of loss forms and fill them out promptly, documenting the date you requested and received the form and the date you sent it back. Keep a copy for your records.
- Understand Fair Market Value – Research your car’s fair market value using tools like Kelley Blue Book. Make sure the insurer considers mileage, model year, and condition.
- File a Diminished Value Claim – If your vehicle has a reduced resale value due to the repairs done, file this claim to demand compensation. Provide evidence of your car’s value before the accident and the drop in post-accident value.
- Use Appraisal Clauses to Your Advantage – You can initiate an independent valuation with an appraisal clause. This allows you to have your claim valued outside of the insurance company. If the adjuster refuses, take note and add it to your documentation.
- Escalate the Dispute – If the insurer refuses to treat you fairly, submit a formal complaint. Some states have requirements for the timing of claims payments, which means they can’t delay yours forever.
- Seek Legal Support – An experienced attorney can help negotiate with the insurance companies and show them you mean business. They can also file a lawsuit if needed.
Insurance companies are supposed to follow specific rules regarding claims after a car accident. They are supposed to investigate the circumstances of the accident, review repair estimates, and issue a prompt decision. They must uphold your policy’s liability coverage if someone else caused the damage to your car, and they’re not allowed to deny you without a valid explanation. When you start to experience any issues with your claim, it’s a good idea to proceed cautiously and hire a lawyer to review your case.
Work with Maxey McFarland Law to Fight Back
At Maxey McFarland Law, we know that dealing with insurers is incredibly frustrating. More importantly, we know how they value property damage claims. We help by:
- Reviewing your repair estimate, diminished value, and fair market value
- Challenging lowball offers from auto insurance adjusters
- Invoking your policy’s appraisal clause if necessary
- Filing a lawsuit if the at-fault driver’s insurance denies coverage
- Negotiating aggressively on your behalf
- Handling litigation if the insurance company still denies you fair compensation
You shouldn’t have to accept a lowball offer or let the insurance company jerk you around and delay your claim. If the insurance company undervalues your claim, Maxey McFarland Law can help protect your interests and negotiate a fair amount for you. And we’re prepared with our team to take legal action if necessary.
If your insurance claim in South Carolina is being delayed or even denied, contact us today at (864) 900-4231 to get started with a free consultation. Let us help you fight for the compensation you deserve.
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