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This portion of a claim refers to the damage done to your vehicle as well as any other personal items in your vehicle or on your person. It is separate from the bodily injury claim or settlement.
The property damage claim provides reasonable compensation to:
You should always notify both the at-fault insurance company and your own insurance company any time your vehicle has been involved in a wreck. However, you can generally select which company you would like to handle the property damage portion of your claim. Below is a list of pros and cons for each:
Should you choose to have the at-fault insurance handle the property damage portion of your claim there can be pros and cons.
Pros:
Cons:
Should you have collision coverage, you can choose to have your own insurance handle the property damage portion of your claim. Using your own insurance also has its pros and cons.
Pros:
Cons:
If you choose to have your insurance handle the property damage portion of your claim, then your insurance will in turn go after the at-fault insurance company on your behalf to re-coop the cost associated with repairing or the total of your vehicle.
If they are successful in that process, then you will then be paid back the deductible amount. The draw back sometimes with some families making this choice is they do not have the deductible at that time. The other drawback is waiting for the deducible to be paid back.
Often times the at-fault insurance company will pay for a rental vehicle during the time it takes to fix your vehicle. However, sometimes they put a cap on their coverage. Therefore, make sure they explain how much and for how many days they intend to cover the rental.
What tends to happen is they will only cover 30 days for a specific dollar amount per day. If you go over the cost ratio, you will then be personally responsible to cover the rental costs directly with the rental car facility.
Should the insurance company deem your vehicle a total loss, the insurance company will generally only give you 2 days of rental coverage from the date they deemed your vehicle a total loss. They will often tell you that those are the rules. However, you can usually negotiate this.
Tell the insurance adjuster that you will need approximately 7 days to find a new vehicle. 7 days is generally considered a resonable amount of time and the insurance company will probably approve it.
Once the claim is filed, either your insurance or the at-fault carrier will need to send someone out to assess the damage.
If your vehicle was towed to a wrecking yard, you must give the wrecking yard permission to allow the insurance company representative to access your vehicle.
If your vehicle was towed to your home, a body shop, or other location, the insurance company will send a representative to that location to access your vehicle. The adjuster and body shop will determine if your vehicle is repairable or deemed a total loss.
If it is deemed a total loss, it is likely that the cost of repairing the vehicle is more than what the vehicle is worth.
The insurance company pays what they deem would have been the reasonable value of your vehicle had it not been damaged in the accident, up to the maximum amount of coverage available under the insurance policy.
The insurance company will pay the total cost to repair your vehicle including all parts and labor up to the maximum amount of coverage available under the insurance policy.
Whenever a vehicle is involved in a car wreck, it is inherently worth less than an identical vehicle that was never involved in a wreck.
Therefore, many people opt to file a diminished value claim after their vehicle has been involved in a wreck for which they were not at fault (if the vehicle was not a total loss).
However, not all vehicles qualify for payment for diminshed value.
In Georgia, the following are requirements for a diminshed value claim:
In addition to the vehicle requirements, the owner must be able to prove the diminished value of the vehicle through professional appraisals and documentation.
If you have addirtional questions about your potential diminished value claim, call us today!
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The Barionnette & Eisenhower Law Firm, LLC
2310 Parklake Drive, Suite 460 - Atlanta, GA 30345
P: 404-225-1501 — F: 678-305-0908