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I was in an auto wreck that was not my fault. How can I get a fair settlement from the insurance company for the damage to my car after the collision?

Auto Collision Property Damage Claims

Auto collisions produce two types of claims. You may have a claim for property damage resulting from damage to your car. You may also have a separate claim for personal injury resulting from injuries to your body. The focus of this article is on the resolution of property damage claims. There are other articles on this site that are devoted to auto and other injury claims.

Property damage claims are based upon the principle that people should pay for the damage caused by their mistakes. A person who causes a wreck by inattention is responsible for paying for the resulting damage. Most people don’t have money available to pay these types of unanticipated expenses. The law requires drivers in North Carolina to purchase auto liability insurance coverage. The insurance will pay for the damages caused by its insured drivers.

The Adjuster(s)

The insurance company for the responsible driver will assign an adjuster to each claim. If there is more than one insurance company involved, there may be more than one adjuster. Each adjuster involved is responsible for resolving the claims in the way that is best for his or her employer-the insurance company.

Property Damage

Property damage claims used to be straightforward and uncomplicated. The insurance company is responsible for putting you back into the same position financially that you were before the collision. That means they must pay to have your vehicle repaired or replaced. They may also be required to pay for a rental car for a reasonable period of time after the collision.

Like everything, these claims have grown more complicated over time. Below are some of the issues that arise with increasing frequency regarding property damage after an auto collision?

• Am I eligible for a rental car?
• What kind of rental car can I get?
• How long can I keep the rental car?
• What about the personal items that remain in my car?
• I have three kids, are we supposed to squeeze into a compact car?
• Should my car be repaired or replaced?
• Where can I take my car for repairs?
• How do I know that my car will be repaired correctly?
• What should my insurance pay?
• What should their insurance pay?
• My car was severely damaged. It is worth less money even after repair. Who pays for that?

These questions must be addressed at an early stage of the claims process. Historically property damage claim were usually resolved without incident. However, your discussions with the adjuster regarding property damage can have dramatic, negative and unexpected consequences. See the attached article.

If you have questions about this or anything else relating to your auto injury claim, give us a call at (910) 341-7570

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