Property Damage Claim After an Auto Accident? Damages and Proof

As an auto accident victim, you deserve compensation for all losses stemming from the crash. For example, the liable party should compensate you for property loss and damage. You just need to prove the losses and their value.

Damages

Don't just send the defendant a ballpark figure. Itemize the losses in your demand letter. Listing the damages will prove their existence and show the defendant that you understand your case's value. Below are some damages that you may list.

Towing
Unless the car is drivable after the crash, you will need to tow it home or to an auto mechanic. Mileage and local rates determine towing costs.

Car Repair or Replacement

The repair cost is the most obvious damage in a property damage claim. The cost of repair depends on various factors, such as:

• The extent of the damage

• The location of the damage

• The make and model of the car

For example, you can spend as much as $10,000 on engine and cylinder repairs. The repair damage assumes that the mechanics can repair the car safely and adequately. In case that's not possible, then the defendant often has to compensate you the pre-accident value of the car.

Rental Car

You shouldn't miss using your car just because someone crashed it. The defendant should get you a replacement car, typically in the form of rental car payments. The rental car payments should last as long as the time it reasonably takes to fix your car.

Diminished Value

Even if the mechanic manages to fix your car, it's unlikely to retain its pre-accident value. Cars typically diminish in value after an accident, mostly due to perception. Get a good estimate for the diminished value and include it in your demand letter.

Items in the Car

Many people have various personal properties in their cars at any time. Maybe you had a laptop, phone, or bag at the time of the crash. If such items also suffer damage, you deserve compensation for them just as you do for the car.

Proof of Damages

As with other forms of auto accident damages, you must prove your property damage claim. You can use the following forms of proof.

Repair Estimates or Receipts

You can use repair estimates if you haven't fixed the car while filing the claim. Multiple estimates are better than a single estimate. Use the repair receipts in case you have fixed your car. You may have to prove that you didn't automatically choose the most expensive mechanic, especially if the defendant claims otherwise.

Valuation Reports

Valuation reports would come in handy if the auto accident totaled your car. You can use online valuation resources, such as Kelly Blue Book. You can also use professional car appraisers. Be ready to defend your car's value since the defendant might challenge it.

Expert Witness Testimony

You may need expert witness testimony in some cases. Say you have a classic or rare car that you cannot easily repair or appraise. You may need the testimony of someone who appraises or fixes such cars. The expert may help you prove, for example, why you want hundreds of thousands for a 40-year-old car.

Photographs and Videos

Visual evidence works great in damage claims. Pictures and or videos of your damaged property will help you prove the existence of the damages you are claiming.

Hopefully, you will get the compensation you deserve for your damaged property. An experienced auto accident lawyer can strengthen your auto accident case. Frank W. Thompson Attorney At Law Erwin & Thompson LLP has practiced personal injury law for over 35 years. Contact us for a free initial consultation to determine how to pursue your claim.