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Fort Lauderdale Personal Injury Attorneys > Blog > Auto Accidents > Property Damage Car Accident Claims

Property Damage Car Accident Claims


Some car accident victims are lucky enough to avoid serious injury after a collision and many even walk away from their accidents without a scratch. Those who find themselves in this situation may be wondering whether they can still file a claim for the property damage they sustained in an accident. While it’s true that it’s less common to recover compensation after a no-injury crash, it is still possible, so if you were recently involved in an accident and have questions about recovering compensation to cover the cost of repairing or replacing your vehicle, you should consider contacting a Fort Lauderdale auto accident attorney who can advise you.

Who Pays for Vehicle Damages After a Crash?

Injuries sustained by a driver in a collision are usually covered by the injured party’s no-fault Personal Injury Protection (PIP) coverage, regardless of who actually caused the accident. Property damage losses, on the other hand, are covered by the property damage liability policy that each motorist in Florida is required to obtain. Unlike physical injury-related losses, property damage is paid for by the insurer of the driver who was responsible for the accident.

Negotiations with the Driver’s Insurer

There are a number of different things that can happen after a motorist files a property damage claim with another driver’s insurer. For instance, in some cases, the adjuster assigned to the claim will approve the claim and the at-fault driver’s policy will cover the cost of repairing or replacing the vehicle. Alternatively, the insurance company could declare that the vehicle is totaled, which means that rather than paying for the cost of repairs, the insurer will pay for the value of the car itself. In other cases, an insurer could actually deny the claim, stating that the claimant and not the policyholder should be held liable for the accident-related damages. Finally, the insurer could agree that the policyholder will cover the cost of the repairs, but disagree with the value of the necessary repairs. In any of these scenarios, speaking with an attorney can play a significant role in helping negotiations go smoothly.

Potential Liability

If a person’s damages exceed the at-fault policyholder’s coverage limits, that individual could find him or herself on the hook for the extra costs. Fortunately, in these cases it is often possible to hold the at-fault driver liable for the amounts not covered by the parties’ insurers. However, this is only possible if the plaintiff files a claim before the four year statute of limitations expires. Claimants who fail to meet this deadline will usually have their cases dismissed by the court.

Contact a Car Accident Attorney Today

While many property damage claims are straightforward, it is also not uncommon for an at-fault driver’s insurer to attempt to pay less than a claimant needs to actually cover the cost of repair or replacement of a vehicle. Having an attorney on your side can make all the difference in the outcome of these types of negotiations, so if you were involved in a car accident and sustained property damage, please contact the experienced car accident lawyers at Boone & Davis today for help. A member of our team can be reached by calling our office at 954-566-9919.




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