Kentucky law allows you to seek payment for property damage that occurs in a car crash caused by another motorist. Typically, this is compensation for the cost of repairing or replacing your motor vehicle. But you may also seek reimbursement for other property losses, such as items in the car that were damaged such as a laptop computer or a pet, or for damage to your home caused by a car hitting it.
If you or a family member has been in a car accident that has resulted in substantial property damage, call the experienced law firm Morgan, Collins, Yeast & Salyer car accident lawyer in Lexington or one of our other Kentucky locations to review the details. We’ll be straightforward about whether we can help you. If so, we’ll demand full payment for your property damage as part of the maximum compensation we seek for you in an insurance claim.
What is Considered Property Damage in an Auto Accident Claim?
The main type of property damage we think of in an insurance claim is vehicle damage. Even a fender-bender can result in several thousands of dollars worth of property damage to a passenger vehicle. You may also seek compensation for any personal or real property damaged or destroyed if you can establish:
- It was damaged in the car accident.
- The value lost due to the damage and/or the cost to recover the loss through repair or replacement.
If you have to repair your car after an accident caused by another motorist, you may be able to recover compensation from the at-fault driver’s insurance to cover the repair bills. If the insurance company declared your vehicle a total loss, you should be eligible to receive the compensation necessary to buy a comparable vehicle.
If your pet was injured, you should be able to present veterinary bills to establish your costs due to your pet’s injury. Pets are considered property. Any other significant property damage may also be compensable if you can show the cost to replace it or have it repaired.
Frequently Asked Questions About Property Damage Claims
What should I do after a car accident?
Documentation of the property damage is key to recovering the compensation you are due after a car accident. The police report may identify the vehicle damage. Keep copies of any document related to your costs and losses in the accident, starting with vehicle towing costs. Property damage costs are easily quantified on bills, receipts, or estimates.
In most cases, the automotive insurance carrier will ask you to get estimates for the cost to repair your vehicle. You should get at least three estimates, preferably from high-quality repair shops. You need to comply with the insurer’s instructions for filing a claim, but do not sign or record any statements about the accident. You could be signing away your right to compensation.
If the insurance company adjuster decides that your car is not worth repairing, the insurer should write you a check for your car’s actual cash value (ACV). If your insurer pays for your vehicle damage, your insurer would then seek reimbursement from the at-fault driver’s insurer. The ACV should be based on your car’s Kelley Blue Book value and data about car sales in your area, minus any damage that existed before the accident. You should establish the Kelly Blue Book value of your car. If your car had any upgrades, such as a custom paint job or upgraded aftermarket parts, you should document them and their value as part of your claim.
What damages am I entitled to recover?
Your property damage claim should include any losses you can document due to damage to or destruction of personal or real property caused by the car accident. You may file a claim for the following costs:
- Use of original equipment manufactured parts in your vehicle’s repairs. Insist upon the same quality and type of parts that were on your car before it was damaged
- Rental car or public transportation, taxis, or ride-shares while your car is unavailable.
Am I entitled to a rental car?
Yes, if it will be some time before your vehicle is repaired, you may rent a car and include the rental car costs as part of your claim. If your injuries prevent you from driving, you may seek reimbursement for reasonable transportation costs, such as travel to doctor appointments. Reasonable cost means taking public transportation, taxis, or ride-shares, as they are available.
What if the driver who caused the accident is uninsured?
In Kentucky, insurers must offer uninsured/underinsured motorist (UM/UIM) coverage as part of the auto liability insurance company policy. Car owners can decline UM/UIM coverage, but that is a mistake. UM/UIM coverage is what a policyholder would turn to if the driver who caused your car accident has no auto insurance or too little insurance to cover all your losses. If the at-fault driver carried the minimum insurance required in Kentucky and it did not pay for all your damages, your UM/UIM coverage would provide compensation to make up the difference.
Minimum liability coverage in Kentucky, which most car owners buy, pays $25,000 for all property damage as a result of any one accident. UM/UIM coverage is typically equivalent to your liability coverage.
Contact a Car Accident Lawyer For Property Damages in KY
There are many tactics an insurance company may use to pay you less than you are due for property damage in a car accident. The insurance adjusters might declare your repairable car totaled if it is an older model with less actual cash value (ACV), for example. Insurance companies may tell you that your personal or real property damaged by a car crash isn’t covered. An experienced Kentucky property damage lawyer can help make sure you get the full insurance settlement you deserve after a car accident.
At Morgan, Collins, Yeast & Salyer, we know what Kentucky insurance law allows and what obligations it puts on insurance companies. We also have access to information about car values in the Kentucky market and can review any settlement offered for a totaled car. Contact our law firm in Lexington today for a free meeting about handling your insurance claim or reviewing the settlement offer you have received. Phone (877) 809-5352 or reach out online now.
