Case Timeline

Always get a good photograph of the damage. If the insurance company deems your car to be a total loss, it will make you an offer based on the “fair market value” of your car, taking into consideration the model, make, year, mileage, etc. You can often get a reasonable idea of the value of your car by researching your vehicle in the NADA guide (www.nadaguides.com). If your car is a total loss, make sure you remove the license plate and turn it into the Colorado Department of Transportation for credit on your taxes.

If you owe more on your vehicle purchase loan than the car is worth, you will be responsible for the difference. If you have purchased GAP insurance with your vehicle, that insurance should cover the difference owed to the lien holder. The insurance company will not make an offer based on what you owe a lien holder or buy you a vehicle comparable to the vehicle you were driving during the wreck.

If your car is deemed to be repairable, the insurance company will most likely obtain an estimate from a local repair shop. We recommend getting your own independent estimate of your vehicle damage for comparison. They will then either provide you with the funds in that amount, or pay the repair shop directly. Usually, when supplemental or hidden damages are found by a body shop, payment for these repairs will be worked out directly between the insurance company and the body shop. You can have your vehicle repaired by a body shop of your choice or you can use “pro-shops.” If you use one of the insurance companies “pro-shops,” they usually guarantee the repair for the life of the vehicle. Often there is under carriage damage that can increase your recovery – be sure the body shop completes a total inspection of your car.

You need to do everything possible to keep your fees and expenses associated with your property damage claim to a minimum. If the at-fault party’s insurance carrier is not making an offer in a reasonable time frame, and you have full coverage on your car, you will have a duty to use your collision coverage. You will be responsible for the deductible. However, your insurance will ultimately go after the at-fault insurance carrier for any monies paid. If you choose to wait on the at-fault insurance to pay for your property damage and several weeks go by, you may be responsible for storage charges that have incurred while waiting on the liability insurance company to pay for your property damages.

The insurance company may arrange for you to obtain a rental car while repairs are being made to your car or while they are preparing an offer for a total loss. You should provide your insurance information to the rental company, ensuring you have coverage while operating the rental car. If you don’t have auto insurance, you will be charged for the insurance policy offered by the rental car company. The at-fault-driver’s insurance company is not responsible for this cost. For total loss vehicles, the insurance company may cease coverage of the rental car costs once an offer to settle the total loss claim has been made. You may be entitled to loss-of-use damages if you decide not to obtain a rental car while your car is being repaired or while you are waiting for a total loss offer. The amount that most insurance companies will agree to pay for the loss of use of a vehicle ranges from $10 to $25 a day.

We understand that coping with property damage claims is difficult, frustrating, and confusing. We assure you that we will do everything we can to maximize your recovery in your personal injury claim to try to help make up the difference for anything you have lost on your property damage claim.

If there is no dispute as to liability, the at-fault driver’s insurance representative will contact you to discuss resolution of your property damage claim. Be aware the insurance carrier has a right to contact its insured and any witnesses they feel are necessary to confirm liability. This means that the insurance company may not move as quickly in addressing your property damage issues as you may like.

If the liability insurance carrier is not promptly making an offer to settle you property damage claim, we recommend that you make a property damage claim through your insurance company if you have collision coverage. Your insurance company will seek reimbursement of its monies paid from the liability carrier. When using your insurance company to cover your property damage claim, you will be responsible for paying back your deductible. However, should your insurance carrier receive its money back, your insurance company will reimburse you the amount of your deductible.