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    • Home
    • About Us
    • Attorneys
    • Areas of Law
      • Personal Injury
      • Workers Compensation
    • Auto Accidents
      • Know Your Rights
      • Medical Treatment
      • Property Damage
      • Bodily Injury Damages
      • Settling Your Wreck Claim
      • Types of Insurance
    • Work Accidents
      • Financial Benefits
      • Rejected Claims
      • Catastrophic/Death Claims
      • Settling Your Claim
    • FAQ
      • Personal Injury
      • Workers' Compensation
    • Results/Reviews
    • Contact Us
The Barionnette & Eisenhower 
Law Firm, LLC.

Signed in as:

filler@godaddy.com

  • Home
  • About Us
  • Attorneys
  • Areas of Law
    • Personal Injury
    • Workers Compensation
  • Auto Accidents
    • Know Your Rights
    • Medical Treatment
    • Property Damage
    • Bodily Injury Damages
    • Settling Your Wreck Claim
    • Types of Insurance
  • Work Accidents
    • Financial Benefits
    • Rejected Claims
    • Catastrophic/Death Claims
    • Settling Your Claim
  • FAQ
    • Personal Injury
    • Workers' Compensation
  • Results/Reviews
  • Contact Us

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Property Damage

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. 

Property Damage Claims

 The property damage claim provides reasonable compensation to:

 

  • Vehicle fixed or determine it is considered a total loss
  • Obtain a rental vehicle 
  • Obtain compensation for damages items in the vehicle (make a list)
    • Car seats
    • Laptops
    • Misc. items
  • Lost time at work

Whose insurance do I file property damage claim with?

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:

At Fault Insurance

Should you choose to have the at-fault insurance handle the property damage portion of your claim there can be pros and cons.


Pros:  

  • Do not have to pay a deductible
  • The insurance pays the Body shop directly
  • Do not have to wait for a subrogation process (this is getting your deductible back)
  • If the at-fault carries rental, they can cover and approve it directly. 

 

Cons: 

  • Might take longer dealing with the at-fault insurance 
  • Might have to use one of their preferred Body shops


Your Own Insurance

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:

  • Often times faster as there is faster direct contact
  • The insurance pays the body shop directly
  • Can use your own rental coverage and likely pick-up your rental at the body shop.
  • Can pick your own body shop and/or choose to use their preferred body shops


Cons: 

  • Have to pay your deductible and wait for the subrogation process to potentially get your deductible back.

Property Damage subrogation

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.

Obtaining a rental vehicle

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.

Assessment of damage

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.  

Total loss vs repairable

Total Loss

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.

Repairable

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.

Tips For Total Loss

  • Complete an honest Kelly Blue Book value of your vehicle, that way you can determine if the payoff the insurance company is offering you is reasonable.  


  • Call your lien holder to obtain a current payoff total to the cent.


  • Make sure to obtain the correct address for where the payoff amount needs to be mailed if paying a lien holder. 


  • Continue to make all payments on your vehicle even if it is at the tow lot and until the lien holder actually receive the payoff.  If you happen to over pay, they will cut you a check to reimburse you.  If you do not continue to make the payment, then the payoff amount will change and you will be recorded as in arrears, which could negatively affect your credit score. Further, you you will likely owe additional out of your pocket costs even after the lien holder receives the total loss check.  


  • Make sure the insurance company agrees to continue paying for the rental car for at least 7 daysfrom the day they deem your vehicle a total loss. This will allow you time to find and purchase a new vehicle.

Diminished Value


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:


  • The vehicle muust be less than 10 years old
  • The vehicle must have a market value of at least $7,000.00 
  • The vehicle must have suffered at least $500.00 in damage
  • The vehicle must not have excessive mileage
  • The vehicle should have a clean title


Proof Required

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!

Contact Us Now

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

WERE YOU INJURED IN AN ACCIDENT? GET HELP TODAY! CALL: 404-225-1501

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The Barionnette & Eisenhower Law Firm, LLC

P.O. Box 88550 Dunwoody, GA 30356

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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

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