Some automobile accident victims must not only deal with excruciating agony and the incapacity to work, but they must also deal with vehicle damage. Depending on the limitations of a victim's insurance coverage, he or she may be reimbursed for repair expenses, lost vehicle value, or even entire vehicle replacement. Typically, property damage claims may be resolved swiftly between the claimant and the insurance carrier. However, difficulties often develop throughout the procedure.
Our Browning Law car accident lawyers want you to know who is responsible for your property damage. In this post, we will explain whether can you sue someone for damaging your car property, or can someone sue you for a minor car accident? Who is responsible for paying, and how can you get the most money for your losses?
Property Damage in a Car Accident That May Be Reimbursed
The amount of property damage compensation you are entitled to is determined by two factors: the level of damage to your car and the terms of your insurance policy. Drivers in Florida are required to obtain at least $10,000 in property damage liability coverage. In general, your insurance carrier will cover the expenses of property damage.
However, if the other motorist was at fault and you sustained serious injuries in addition to property damage, you may be able to seek compensation from the other driver's insurance carrier.
Property damage claims may cover a wide range of out-of-pocket expenses, such as:
Repairs
If your car can be repaired for a few hundred dollars, your insurance company should reimburse the charges. You have the right to choose which body shop will repair your car, and you have the right to have repairs done using components that are comparable in type and condition to the ones that were damaged.
Total compensation
If it is less costly for the insurance company to replace your car than to repair it, it is deemed "totaled." The insurance company evaluates whether a vehicle is a total loss by comparing the cost of repairs to the market value of the vehicle. If the repair cost exceeds 80% of the fair market value of your vehicle, the insurance company must pay you at least 80% of the fair market value. The evaluation of fair market value varies greatly.
The estimate is often based on how much you could have sold the vehicle for one day before the accident, given the car's location, condition, age, and mileage. Once you've been compensated for your loss, you may retain the automobile or sell it to the insurance company for its parts worth. Insurers who pay for a complete loss must additionally pay sales tax on the car's sale as well as the expense of transferring the registration tag to another vehicle.
Value loss
The damaged vehicle may sometimes be fixed, but the repairs result in a significant reduction in the car's market value. Victims who drive newer model vehicles, sports cars, or luxury autos may lose thousands of dollars in value due to accident repairs. For decreased value claims, our lawyers represent clients on a contingency basis, negotiating recovery for the difference between the pre-crash and post-crash worth of their automobiles.
Items were misplaced
An automobile collision might result in the loss of personal goods in addition to the vehicle itself. Luggage, gadgets, eyeglasses, children's car seats or strollers, and any damaged property that was within the vehicle at the time of the incident should be fixed or replaced.
Car rental
While your automobile is being repaired, your insurance provider should pay you for the expense of a rental car. In rare situations, plaintiffs may be reimbursed for rental fees incurred while their vehicles are being repaired, even if they do not use a rental vehicle.
Do I Need an Attorney to File a Property Damage Claim After a Crash?
Many lawyers will not take on accident lawsuits involving solely property loss. This is due to Florida law's prohibition on "split" actions in personal injury claims. This implies that can you sue someone for damaging your car question can be answer with a yes, but is not worth the trouble.
For this reason, it's always a good idea to consult with an attorney before filing a claim. To maximize the value of your claim, your attorney may advise you on whether you should file an injury claim or pursue property damage expenses. Call us at 850-344-1736 to arrange for an examination of your case if you want additional information or to talk with a car accident attorney.