By Shane Smith, Personal Injury Attorney – Shane Smith Law
If you’ve been in a car accident, you’re probably asking two big questions:
- “What about my injuries?”
- “What about my car?”
As a personal injury attorney, I get a lot of questions about property damage; from how to get your car fixed to how long you’ll have a rental. So let’s walk through the most common concerns.
🚗”Should I Wait to Start Medical Treatment Until My Car Gets Fixed?”
No.
Never wait.
Even if your car’s in the shop, if you’re in pain, go to the doctor right away. The most important thing is to make sure you are okay.
Treatment should never be delayed because of transportation issues.
And with today’s supply chain issues (due to post-COVID and the political nature of the world), car repairs are often taking longer than they used to; sometimes 2, 3, or 4 weeks. Don’t wait.
For a free legal consultation, call (980) 246-2656
🛠️ Who Should Fix Your Car?
If the other driver is clearly at fault, and their insurance company has accepted liability, then their insurer should pay to fix your car.
But here’s your into main options:
- Use the at–fault party’s insurance
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- They cover the cost.
- You deal with their adjuster and their body shop.
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- Use your own insurance
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- Often faster and easier.
- If you’re not at fault, your insurer will go after the other company for reimbursement.
- In many cases, they’ll waive your deductible if they recover the money.
💡If liability is being disputer, go through your own insurance to get your car fixed right away; don’t wait around while companies argue.
🚘How Long Can I Keep a Rental Car?
It depends on who is providing the rental:
- Your own insurance → Typically limited to 30 days max, no matter how long repairs take.
- At–fault driver’s insurance → Usually keeps you in a rental until your car is repaired.
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⏰Need more time?
If your shop says repairs will take longer, have them or you call the adjuster to ask for an extension.
Complete a Free Case Evaluation form now
🚫What If My Car Is Totaled?
If your vehicle is totaled, the insurance company will offer a fair market value settlement based on what similar cars are selling for in your area.
Here’s what to do:
- Check CarMax or Kelley Blue Book to get a ballpark value.
- If their offer seems low, ask for the CCC report, which shows how they came up with the number.
- Compare features, mileage, and condition to your car.
🛑Important: Once they offer that total-loss amount, their rental obligation ends, even if you don’t have the check or haven’t signed the title over yet.
💰What If the Insurance Company Sends Me a Check?
Do NOT cash it right away.
Hold onto the check until:
- The body shop completes all repairs, and
- You confirm the full amount is covered.
Why?
Because if the shop uncovers more damages later, you may be stuck if you already cashed the original check. The insurance company could say they already paid, and the body shop could say you owe more.
✅ Better Options:
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- Have the check mailed directly to the shop
- Sign it over to the shop
- Hold it until the work is fully done
Final Tips from Shane
Dealing with property damage is frustrating, especially when you’re also dealing with injuries.
Here’s what to remember:
- Don’t wait on treatment; your health comes first.
- Use your own insurance if the other side is slow or denying liability.
- Understand your rental limits.
- Don’t rush to cash any checks.
- Compare total–loss offers to real-world values and request a CCC report if needed.
📞 In pain? Call Shane! (980) 999 – 9999
💼 Shane Smith Law – Helping You Navigate Property Damage and Injury Claims
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