Lawsuit Waiting to Happen: What You Should Know About Property Damage After a Car Accident
After a car wreck, most people are focused on one thing first, their health. That is exactly where your attention should be. But right behind that comes another big source of stress:
Your car.
How is it getting fixed?
Who pays for it?
And what happens if the other driver’s insurance starts giving you the runaround?
This article is part of our Lawsuit Waiting to Happen series, where we break down everyday situations that quietly turn into legal problems for injured drivers.
Your Health Comes First. The Car Comes Second.
We always tell our clients the same thing:
Your first priority is getting medical care and protecting your injury case.
Once that is underway, then it is time to deal with the vehicle.
Let the At-Fault Driver’s Insurance Handle the Car
In most cases, our advice is simple:
Let the insurance company for the person who caused the crash fix your car.
When they call you:
- Only talk about the damage to the vehicle
- Point out what was damaged
- Let them inspect the car
Do not discuss:
- How the accident happened
- Who was at fault
- Your injuries
If they ask about the crash or your injuries, tell them you have a lawyer and refer them to our office.
They already have the police report. They do not need a recorded story from you.
If the Other Insurance Company Starts Stalling
If you hear things like:
- “We’re still investigating”
- “We’re not sure yet”
- “There may be coverage issues”
- “Liability is unclear”
That is a red flag.
At that point:
- Call your lawyer
- Let us look at what is really going on
In some situations, it may make sense to:
- file the property damage claim through your own insurance, and
- let your insurance company fight the other carrier for reimbursement
We can help you decide when that makes sense.
Why Calling the Police Matters More Than You Think
We see this all the time.
At the scene:
- the other driver admits fault
Later:
- the story suddenly changes
Calling the police creates a report while everything is fresh and before anyone goes home and rethinks what they want to say. That report often becomes critical when liability starts being disputed.
This is one of those small steps that can prevent a lawsuit waiting to happen.
Who Chooses the Body Shop?
Many insurance companies will ask you to take the car to one of their preferred shops.
That is usually fine.
The important thing is that:
- the damage is properly documented, and
- the repairs are handled professionally.
Should the Insurance Company Pay You or the Body Shop?
If the insurer asks:
“Do you want us to pay you, or pay the body shop?”
We almost always recommend:
Have them pay the body shop directly.
Why?
- If something goes wrong with the repair, the shop and the insurance company work it out
- You are not stuck in the middle
- You are not responsible for chasing anyone down
When the check goes through you, problems are much harder to fix.
How Long Do You Get a Rental Car?
This depends on how the claim is being handled.
If the other driver’s insurance is paying:
- They usually cover a rental for the full repair period
- As long as you are not causing delays
If the car is totaled:
Once they make what they claim is a fair market value offer, they often stop paying for the rental even if:
- you are still negotiating the value, and
- you do not yet have a replacement vehicle
This is one of the most frustrating property damage issues we see.
If that happens, call us immediately so we can step in.
Why Your Own Rental Coverage Is a Big Deal
We strongly recommend carrying rental coverage on your own auto policy.
It is usually inexpensive, and it can protect you when:
- the other carrier cuts off the rental early, or
- there is a delay waiting on titles or paperwork
That small coverage can save you a lot of money and stress.
What If the Other Driver’s Insurance Disputes Fault or Coverage?
If they claim:
- you caused the crash, or
- there may be no coverage
That is not something you should try to solve alone.
This is exactly when property damage issues can quietly grow into a much larger legal problem.
Call us so we can review:
- the police report
- the coverage situation
- and your options
Property Damage Should Not Derail Your Injury Case
Your car can be repaired.
Your health and your case must be protected.
If you have questions about how your vehicle claim is being handled, or if something does not feel right, we are happy to review it with you.
This is part of our Lawsuit Waiting to Happen series, because small property damage mistakes often create big legal problems later.
In pain? Call Shane.
Shane Smith Law
📞 980-999-9999
