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Property Damage  (Car Accidents)  - Essential Information 

If your vehicle was damaged in a car accident, here are the basic things you need to know about repairing your vehicle and/or getting compensated for the property damage, if you vehicle has been declared a total loss: 

1. If you were not at fault in the accident and the driver at fault was properly insured and shared his insurance information with you, you should make a property damage claim against his insurance policy. A property damage claim is separate from any other injury claim. If the driver at fault doesn't have (sufficient) insurance coverage or it's a hit and run, then you can make the same claim against your own insurance policy. Again, this claim is separate and apart from any injury claims you. It is handled by a separate department.  

If you were at fault in the accident, then the only way to get compensated for the damage to your car is if you have special coverage on your auto policy or some kind of umbrella insurance policy that covers losses in this specific type of situation.   

2. If your vehicle is subject to repair, you have the right to have it repaired in any body shop of your choice. The insurance company that handles the loss will send their agent to inspect the vehicle and evaluate the cost of repairs before proceeding with work. 

3. Usually, attorneys do not get involved in property damage claims because they are pretty straightforward.  If there is coverage for the damage to your vehicle, either your vehicle is repaired or, if it's a total loss, you receive a fair market value (FMV) for the vehicle to be totaled. The FMV is negotiable to some extent, and after the insurance company presents you with quotes for comparable vehicles on the market, you can make arguments and data as to why you should receive more for your vehicle than they offer. This doesn't always lead to better compensation, but it can't hurt to try to negotiate. 

4. A limited car rental coverage might be available on your policy or the other driver's policy. You should verify that the coverage applies and how many days of renting a car the policy covers before you rent a car to make sure you avoid any significant out of pocket expenses for car rental. If your care is being kept in a body shop awaiting repair, you should also clear with that body shop how long they can keep your car / store it before repairs and after the repairs are done so you don't incur significant parking and storage charges. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case