Vehicle Damage & “Total Loss”

Being involved in a serious motor vehicle accident is traumatic – the physical pain, the emotional shock, the inconvenience of having to travel to and from medical appointments, and the out-of-pocket medical expenses.  However, all these things can be made worse when your car is undriveable or in need of major repairs.  Then there is getting a rental car, dealing with accumulating storage fees, and, once you get your car into a body shop, making sure the repairs are done right.   

Usually, the insurance company won’t return your calls or respond to your emails or texts.  And if the adjuster finally gets back to you, they don’t want to help.  The insurance company will give you the “run around” about getting a rental car, they won’t tell you where to take your vehicle to be repaired, and if your car is a “total loss,” they won’t offer you the fair market value for your car. 

Unfortunately, the law regarding vehicle damage is not entirely fair, even if the accident wasn’t your fault.  The reality is: The insurance company doesn’t have to replace your vehicle with a comparable one, nor are they required to pay off the loan if your car is being financed and you owe more than the vehicle is worth.  However, none of this means you should accept at face value what the insurance company tells you.  You should always consult with an experienced car accident attorney before agreeing to any kind of resolution of your property damage claim, especially if you were injured in the wreck.  This is because sometimes insurance companies will use deceptive tactics to trick you into settling all your claims, including the injury claim, at the same time.  For example, you can make a claim for the loss of personal property, such as personal electronics or clothing, which is damaged or destroyed as a result of a wreck.  Don’t expect the adjuster to tell you this.   

Also, in certain circumstances, such as when the at fault person’s behavior is reckless and/or alcohol is involved, you may be able to recover punitive damages over and above the actual value of your vehicle and other personal property damaged.       

Whenever we represent a client in connection with an injury claim, we can assist with property damage issues, including getting a rental car or dealing with storage fees, or just getting a fair value for your vehicle.  While our main focus is on getting the best possible recovery for you in your bodily injury claim, we will do what we can should you need help resolving your property damage claim.