If you were in a car accident in Florida that damaged your vehicle, getting it repaired or replaced can be more complicated than you think. However, a car accident lawyer can help you master the property claims process to get the compensation you deserve.
With their guidance, you can restore your car to its pre-accident condition. In addition, they can help you fight for a fair replacement value if the insurance company declares your vehicle a total loss. Most importantly, your attorney usually represents you on contingency, meaning you pay nothing if you do not get compensation.
Who Pays for Car Repairs After a Car Accident?
The property damage claims process depends on the circumstances of the accident. For example, did the crash involve only property damage? If so, the at-fault driver could be responsible for car repairs. According to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) guidelines:
- If the at-fault driver received a moving violation, and the police report details vehicle or property damage, their insurance should cover these costs.
- If the at-fault driver was uninsured, they must obtain a written release or post a security deposit.
You could also turn to your insurance policy for coverage. If you do, you might have to pay your deductible. Your deductible will come from your overall compensation, but you could recover it through a process called subrogation.
What Repair Costs Does Insurance Cover After the Accident?
You are entitled to have your car restored to the same condition it was in prior to the collision. Thus, you could recover these costs:
- All necessary mechanical and body work
- Rental car charges
- The diminished value of a repaired car
The Insurance Information Institute (III) defines diminished value as the difference in the value of your car before and after the accident occurred. Repairs can give your vehicle a significantly lower resale value. The at-fault driver is responsible for this disparity.
If you disagree with the insurance adjuster’s repair estimate, a car accident attorney in Fort Myers can help you understand diminished value and your options.
What if the Insurer Totals Your Car?
When the insurance company declares your car a total loss, it typically means the costs to repair it exceed its value. Your legal team will use authoritative guides to understand what your car is worth. How we assess the value of a car destroyed in a Fort Myers auto collision will depend on its:
- Year
- Make
- Model
- Condition
- Mileage
You do not have to accept the insurance company’s valuation of your car. If you disagree, your lawyer could help you fight for a fair and appropriate vehicle value.
How Long Do You Have to File a Property Damage Claim?
Florida law generally gives you two years to file a personal injury claim after an accident, according to Florida Statutes § 95.11. If you miss the filing deadline, you could lose the legal right to file your lawsuit
If you must seek compensation from a government or municipal agency, you could have additional notification and filing deadlines that apply to your claim. In addition, if the at-fault driver were uninsured, your insurance company could have deadlines for filing a claim. You must also meet these deadlines to get your repairs covered.
Do Property Damage Claims Cover Personal Property Inside the Car?
Car insurance covers your car and its parts. While it does not typically cover personal property (e.g., laptop, wallet, and clothing), your homeowners’ or renters’ insurance policy could cover these items.
What Other Compensation Can You Get for Car Accidents?
Car wreck compensation can include much more than property damage, loss, or diminishment. Additional recoverable damages can include:
- Past and future medical bills
- Past and future loss of income
- Loss of future earning ability
- Disability or disfigurement
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
Recovering damages after you sustain injuries could involve filing a personal injury protection (PIP) claim with your insurer. If your injuries are serious enough, your lawyer will assess and document your damages and file for their total value.
Do You Need a Lawyer to Obtain Property Damage Compensation?
You are not required to hire a lawyer for your property damage claim. However, doing so could greatly benefit your case. A car accident lawyer will:
- Fight for the full value of your damaged property.
- Complete and submit insurance claim forms.
- Submit evidence of the at-fault driver’s negligence.
- Speak to lay and expert witnesses on your behalf.
car crash lawyer guides property damage claims process
Your attorney will also handle each phase of settlement negotiations. With their guidance, you can master the process of your property damage claim and make a well-informed settlement decision. Legal assistance for car wrecks can also help you avoid a speedy—yet insufficient—settlement and bad faith insurance tactics.
How Much Does It Cost to Hire a Car Accident Attorney?
Personal injury law firms typically work on a contingency fee agreement. The firm will cover all the costs of investigating and preparing your case at no upfront cost to you. You will only pay your attorney if they obtain compensation for you. You will owe them nothing if you do not receive a monetary award.
Call Us for Help With Your Car Insurance Claim
If you were in an accident caused by another driver’s negligence, our law firm will help you have your damaged car repaired or replaced. In addition, we offer a free case review so you can find out how to master the property damage claims process.
Our car accident lawyer will fight by your side at each phase of your insurance claim. Contact our consultation team Call (954) 633-8270 at the Law Offices of Wolf & Pravato to get started today.
