At Team Green Law, we have decades of experience handling property damage cases within the context of personal injury claims. Hire a property damage lawyer to advocate for your rights and pursue just compensation. Rather than addressing property damage independently, we integrate it into the overall personal injury case strategy. This ensures a comprehensive approach where property damage support strengthens our client’s legal position.

We can help manage all aspects of the property damage case, from documentation to coordination with insurance adjusters, while prioritizing your recovery and well-being.

Property damage refers to any harm or destruction inflicted upon someone’s property. This can include damage to real property (such as buildings, land, and fixtures) or personal property (such as vehicles, belongings, or possessions). 

What is property damage liability?

According to our property damage lawyer, Indiana law allows for the recovery of the cost of repair to a damaged vehicle or money for the fair market value if the vehicle is deemed a total loss.

Before you get on the road, review your auto insurance policy to ensure you know what is covered. Are the items inside your car covered such as upgraded stereo systems, sunglasses, cell phones, child car seats, and any other personal belongings? Are aftermarket paint or parts such as wheels, performance parts, lights, bumpers, and window tint covered? Contemplate getting a new quote to get the coverage you want.

Specifically, property damage liability refers to the legal obligation of an individual or entity for damage inflicted on someone else’s property. This liability commonly arises from actions or negligence that lead to harm or destruction to another’s property, such as in car accidents or premises liability cases. Property damage liability is a fundamental component of liability insurance policies. These policies provide coverage for damages to third-party property caused by the policyholder’s actions or negligence.

In many jurisdictions, property damage liability is a fundamental component of liability insurance policies. These policies provide coverage for damages to third-party property caused by the policyholder’s actions or negligence.

What do I need to know about gap insurance? 

Consider adding Gap (Guaranteed Asset Protection) Insurance to your auto insurance policy. Gap insurance, also known as “loan/lease gap coverage,” is an optional coverage that can be invaluable in certain situations. It helps pay off your auto loan if your car is totaled or stolen and you owe more than the car’s depreciated value. Gap insurance bridges the gap between the depreciated value of your car and the amount you still owe on it, providing financial protection in case of a total loss event.

What happens if my car is towed? 

If your car is towed to a tow yard, you are still financially responsible for getting it out and paying the fees because it’s your car. Facilitate finding out the cost of the tow, and storage fees, and getting it removed from the tow yard’s possession as soon as possible. Contact your insurance company to learn if they will pay the tow yard directly or reimburse you. If you fail to make arrangements in a timely manner, the tow yard can rightfully retain your car and sell it for parts or salvage it. Time is of the essence as tow yards charge daily fees.

What do I do if my car is repairable?

Nowadays, most insurance companies don’t even send an adjuster out to inspect your property damage after an accident. They will have you, the insured, take photos on your phone and upload them to their app or portal.

Contact a reputable repair shop of your choosing to obtain an estimate for the damage. Note that some insurance companies may require you to use one of their “approved” repair shops. Oftentimes, the first estimate is just based on the visual damage that can be seen without taking any parts off the car.

Additional repairs may be needed once the repair shop begins removing the damaged parts. In either situation, make sure that you, the insurance company, and the repair shop are all on the same page before the work begins as to how the payment(s) will be handled and a timeline for when the work should be done.

In most cases, your property damage will be fixed much more quickly if you run the claim through your own insurance company and pay your deductible. Your insurance company will then turn around and pursue payback for what they paid, including your deductible, with the at-fault person’s insurance company.

Once a recovery is made, you will receive your deductible back. The exception to this is if the other person has better coverage for property damage claims than you.

Our property damage lawyer cases also request clients to maintain receipts and written correspondence between yourself, the insurance company, and the repair shop. It’s best practice to follow up in writing with a summary of any verbal conversation had between yourself and the insurance company and/or repair shop.

Inspect the work of the repair shop before signing the insurance release or paying the repair shop’s final invoice.

What do I do if my car is a total loss?

Total loss means your car isn’t repairable, or it costs more to repair it than what it’s worth. To determine the value of your vehicle, check sites such as Kelley Blue Book, J.D. Power., or Facebook Marketplace.

Insurance companies are only required to pay you for the fair market value (FMV) of your vehicle. Fair market value is the highest price that a willing buyer would have paid to a willing seller based on the condition of the vehicle just prior to its damage.

A FMV offer will include the salvage value of your vehicle. In this situation, the insurance company retains your vehicle. However, you have the option of keeping your damaged vehicle and accepting a payment from the insurance company minus the salvage value.

The insurance industry’s rule of thumb to determine the salvage value is to deduct 20%-40% from the Fair Market Value. For example, if your vehicle has a FMV of $10,000.00 and you decide that you want to keep your damaged vehicle, the insurance company will pay you $6,000.00-$8,000.00 for your property damage claim.

It’s also important to understand that if you owe more to a loan company than your vehicle’s fair market value is determined to be, the insurance companies have no obligation to pay that difference. Make sure you have gap insurance on your auto policy prior to any accident if you owe more than what it’s worth.

In addition, if you have a loan on your vehicle and it’s currently undrivable due to its damage, you are not absolved from paying on your loan. Remember, the at-fault party is never responsible for that payment. The contract is between you and the loan company.

If your car is totaled, meaning it’s not repairable or repairs cost more than its value, you’ll be paid the fair market value (FMV) by the insurance company, determined by sites like Kelley Blue Book or J.D. Power. This offer includes the salvage value, but you can keep the damaged car if you wish, with the payment reduced by the salvage value (typically 20%-40% less than FMV).

If you owe more on a loan than your car’s FMV, insurance won’t cover the difference unless you have gap insurance. Also, if your car is undrivable due to damage, you’re still responsible for loan payments, as the contract is between you and the loan company, not the at-fault party.

What type of property damage does my insurance cover?

A law in Indiana allows for the recovery of the cost of repair to a damaged vehicle or money for the fair market value if the vehicle is deemed a total loss. Before you get on the road, review your auto insurance policy to ensure you know what is covered.

Are the items inside your car covered, such as upgraded stereo systems, sunglasses, cell phones, child car seats, and any other personal belongings? Are aftermarket paint or parts such as wheels, performance parts, lights, bumpers, and window tint covered?

Contemplate getting a new quote to get the coverage you want or reach out to a property damage lawyer to learn more about what you need to protect yourself.

What is my coverage if I cause an accident?

Your coverage if you cause property damage in an accident typically depends on your auto insurance policy. Property damage liability insurance pays for damage you cause to others, with set limits, so you’re encouraged to review your plan. 

Will my car be fixed if I’m at fault?

Collision coverage pays for your vehicle’s repairs, regardless of fault. Some policies offer extra property damage coverage. Umbrella insurance can provide additional coverage. Review your policy to understand your coverage.

Who can be held liable for property damage?

In a property damage liability situation, liability can extend to individuals, businesses, property owners, manufacturers, distributors, government entities, contractors, and subcontractors, depending on the specific circumstances.

For example, individuals may be held responsible for property damage caused by their negligence or intentional actions, while businesses can be liable for damages resulting from their employees’ actions or unsafe premises.

Property owners have a duty to maintain safe premises and may be liable for hazards causing property damage. Manufacturers and distributors can be held accountable for property damage caused by defective products, and government entities may face liability for negligence in maintaining public property. Contractors and subcontractors may also be liable for construction-related property damage.

Determining liability typically involves a thorough investigation, and consulting with a knowledgeable attorney is crucial for evaluating potential liability and pursuing appropriate legal action to seek compensation for damages.

When should I contact a property damage lawyer?

If you need a property damage lawyer as part of a personal injury incident, don’t navigate the complexities alone. Team Green Law is seasoned in integrating property damage cases seamlessly into personal injury claims, ensuring a comprehensive legal strategy that strengthens your position. 

Let our property damage lawyer manage every aspect of your property damage claim, from documentation to negotiation with insurance adjusters, while you focus on your recovery. Contact Team Green Law and speak with a property damage lawyer today to ensure your rights are protected, and your best interests are represented.

Contact us today and let’s discuss your property damage case.