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When you’ve been involved in an accident and have suffered significant personal property damage or damage to your vehicle, you may have the right to compensation for this loss.
Written by
 
KNR Legal
Date posted
 
November 18, 2022
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Here’s more about the steps you should take if you are hoping to recover compensation for damaged property after an accident in Ohio.

What Are Property Damage Claims?

Property damage claims are most common after motor vehicle accidents. Whether you were involved in a motorcycle accident, commercial truck accident, bicycle accident, car accident, or any other accident, filing a claim for property damages may be in your best interest if you hope to repair your vehicle.

Since Ohio is a fault state for insurance purposes, you will file a claim with the liable party’s auto insurance provider after an accident.

How to Make a Property Damage Claim

To begin your property damage claim, you should contact a personal injury attorney to walk you through the process.

Insurance companies are known to reduce financial liability when a claim is filed. They do this by making lowball settlement offers, delaying the processing of your claim, or arguing that you have insufficient insurance coverage.

Fortunately, you do not have to worry about dealing with the insurance adjuster when you have an attorney. Your attorney handles all these legal details on your behalf. Once you retain a personal injury lawyer to advocate for your rights, the following occurs:

  1. Your attorney files a claim with the insurance company and provides them with the evidence they need to process your claim.
  2. An insurance adjuster will review the property damages by asking you to have your car serviced at a repair shop of their choosing. However, you may have the right to choose any repair shop you like to obtain an estimate. The insurance adjuster uses the repair costs to determine how much you should be awarded in compensation.
  3. Your attorney negotiates with the insurance company for a reasonable settlement so you can obtain the compensation you need to get your vehicle repairs completed.
  4. Once your insurance settlement has been finalized, the insurance company either pays the vehicle repair shop for your property damages or cuts you a check for your out-of-pocket costs.

Are You Entitled to a Rental Car?

Your entitlement to a rental car varies depending on whether you have purchased rental car coverage as part of your auto insurance policy and whether the liable party purchased coverage as part of their policy.

In some instances, the insurance company may cover the costs of your rental car. However, in other cases, you may cover the costs of your rental car out of your own pocket and seek reimbursement through your insurance claim or car accident lawsuit against the liable party.

What if the Insurance Company Denies Your Claim?

Insurance companies deny claims often. Although you may have been expecting to file an insurance claim and receive your settlement check within days, it often takes much longer to reach an agreement with the insurance company. This is because the insurance company goes to great lengths to avoid its financial obligations.

You may need to have your attorney handle the negotiation process on your behalf to avoid the pressure of settling for less than you deserve.

Suppose you cannot file a claim with the liable party’s insurance company due to their lack of insurance coverage. In that case, you could file a claim with your insurance if you purchased your uninsured motorist coverage. You may have to pay a deductible before your insurance coverage kicks in.

However, even in dealing with your own insurance company, you risk your claim’s denial. Fortunately, by having your attorney step in, your insurance company knows you mean business.

What if You Total Your Car?

If you total your car, the insurance company goes by the Kelley Blue Book Fair Purchase Price of the vehicle to determine how much compensation you should receive. The insurance company never pays more than the Kelley Blue Book value of the car. However, if you installed any non-stock items within your vehicle, such as specialty speakers, you may be entitled to restitution for the value of these items.

Unfortunately, if you do not have gap insurance as part of your own auto insurance policy and you owe more on your vehicle than it is worth, you may find yourself upside down on the loan. This means you will be responsible for paying your lender the difference you owe. The liable party may cover these costs through your car accident lawsuit in civil court.

Contact a Personal Injury Lawyer in Ohio for Help Today

Pursuing compensation through a property damage claim may be necessary to maximize your payout.

Reach out to an experienced Ohio personal injury lawyer at Kisling, Nestico & Redick for a no-cost, risk-free consultation. You can reach us by phone or through our quick contact form to get started on your property damage claim as soon as today.