Atlanta Personal Injury Lawyer Blog

HOW DO I SETTLE MY PROPERTY DAMAGE CLAIM ARISING FROM A CAR WRECK?
If you have been involved in a car wreck, truck accident, motorcycle accident, or other motor vehicle accident, then your vehicle will normally be damaged from the impact. If you were injured in the auto accident, then hiring a good personal injury lawyer can not only make sure you are fully compensated for your personal injury claim, but also, make sure that your property damage claim (repair claim, total loss, or diminished value) is resolved efficiently and fairly as well.
(1) COLLISION COVERAGE: If you are at fault for the accident, then you will need to use your own automobile insurance under your collision coverage to pay for the repairs to your car. There is normally a deductible that you will have to pay towards these repairs. Collision coverage is not mandatory so if you did not purchase collision coverage before the car accident, then you would not have this coverage to pay for the repairs to your car or for a total loss claim.
(2) LIABILITY COVERAGE: If the accident was caused by the negligence of another driver, then you can submit your property damage and personal injury claim to the liability adjuster (the adjuster for the negligent driver's insurance). It is mandatory for all drivers in Georgia to carry at least $25,000 in liability coverage for property damage and at least $25,000 in liability coverage for personal injury claims. When dealing with a liability adjuster it is normally wise to seek a free consultation from a successful personal injury attorney.

WHAT IS THE NORMAL PROCEDURE FOR RESOLVING A PROPERTY DAMAGE CLAIM WITH THE LIABILITY ADJUSTER?
(1) SET UP THE CLAIM: You call and set up the property damage claim with the liability adjuster (the adjuster for the negligent driver's insurance company.
(2) SET UP THE APPRAISAL: You allow the adjuster to have a property damage appraiser look at the car for a property damage estimate.
(3) SELECT A BODY SHOP: You take your car to a body shop of your choice for the repairs and give them a copy of the insurance adjuster's appraisal of the cost of the repairs. If you are willing to take it to an approved body shop (one on the adjuster's list), then the adjuster will normally guarantee or stand behind the repairs. If you take it to a body shop of your choice and there are problems with the repairs, then you are normally on your own to resolve any issues or problems with your body shop.
(4) GET SUPPLEMENTAL REPAIRS AUTHORIZED: If there are any additional repairs needed beyond those listed on the adjuster's property damage appraisal, then the body shop normally will contact the liability adjuster and request authorization for the supplemental or additional repairs. This is often one of the issues where the need for litigation can arise if the adjuster refuses to pay for the motor vehicle accident related damages.
(5) PAY THE BODY SHOP FOR THE BODY SHOP REPAIRS: After the repairs are made, payment is normally issued from the adjuster for the cost of the repairs.
(6) PURSUE A DIMINISHED VALUE PROPERTY DAMAGE CLAIM: After the repairs are made, then you can pursue a diminished value claim for the loss in market value your vehicle has sustained due to the fact that it has been repaired. Normally the value of any vehicle is less after repairs are made since future buyers will normally refuse to buy "previously wrecked and repaired vehicles" without a significant reduction in the selling price. Without a diminished value attorney, adjusters will often offer to pay little or nothing for diminished value claims. However, if your car sustained significant property damage, then hiring an experienced diminished value attorney can result in thousands of dollars in diminished value recoveries.

WHY DO MOST PERSONAL INJURY ATTORNEYS EXCLUDE PROPERTY DAMAGE CLAIMS FROM THEIR PERSONAL INJURY REPRESENTATION?
(1) The personal injury client will need all of the property damage money to pay the body shop for the repairs.
(2) Most of the time the property damage for vehicle repairs can be resolved without litigation so why pay for legal expenses before a problem arises.
(3) Personal injury lawyers can usually provide guidance or recommendations to the client that will avoid the common pitfalls surrounding property damage repair claims.
(4) Personal injury attorneys can often resolve problems with property damage with a letter or a phone call without the time and expense of litigation.

WHAT IF LITIGATION IS REQUIRED TO RESOLVE MY PROPERTY DAMAGE CLAIM??
In the rare occasion that litigation is required to resolve property damage claims, most car accident lawyers will execute a separate Attorney Fee Contract so that they can be paid for their legal services and reimbursed for the costs advanced for litigation. Since the property damage payments from the adjuster will be needed to pay the body shop for the repairs to the vehicle, it is common that a retainer (money from the client for legal fees) will be charged and held in the escrow account. Then as the attorney works on the property damage claim they can be paid from the retainer.

CAN I LITIGATE MY PROPERTY DAMAGE CLAIM WITHOUT AN ATTORNEY?
Yes. Litigating a property damage repair claim can be done by some sophisticated clients in the Magistrate Court (Small Claims Court) where the defendant (the negligent driver) resides or lives. It is helpful to have a copy of the police report, witnesses to the accident, the investigating officer, and someone from the body shop present at court to testify. It is not recommended that a client attempt to litigate their personal injury claim without representation since this is a very complicated litigation process and since Magistrate Court (Small Claims Court) normally has a $15,000 cap on the amount you can recover.

HOW CAN I GET A FREE CONSULTATION FOR PROPERTY DAMAGE OR PERSONAL INJURY CLAIMS?
How can I get a free consultation from an experienced car accident lawyer?
For a free consultation or settlement evaluation call 866-847-6545 or click the following link: FREE SETTLEMENT EVALUATION:

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