In 2017, there were nearly 6.5 million motor vehicle crashes in the United States. That’s a new crash every 4.8 seconds! Too many people are driving distracted and ignoring the basic rules of the road putting you and your loved ones at risk. Even a minor crash can cause major pain, financial loss and disruption in your life. For example, your vehicle has been smashed. It’s not safe to drive or has been towed away. You don’t have a way to get to your appointments, go grocery shopping or get to work. You need that vehicle. How can you get your vehicle replaced or repaired after a crash?
Here are 10 tips to getting you back on the road as quickly and easily as possible.
1. Get the police report or insurance information of the driver that hit you as soon as you can. The police report should have the other driver’s insurance information. It will also contain the basic facts of the crash a determination of who was at fault.
2. Notify your insurance company and the other driver’s insurance company of the crash immediately. Call and start a claim for your vehicle. Beware of the insurance companies attempt to find out about all of your injuries and how you are feeling within just days of the crash. It may seem nice, but it is being recorded and will be used against you down the road. You can always tell them you are still being evaluated and treated for your injuries and that you will provide them with more information when you have it.
3. Ask for a rental car. Either your own insurance company or the other driver’s insurance should provide you with a rental car immediately after the crash. Don’t get too attached though. The rental usually only lasts a couple of weeks while your car is being fixed or you are paid for the damage. Once the car is fixed or paid for, the rental must be returned. If your insurance provided the rental, they will eventually send the bill to the at-fault driver’s insurance company.
4. Make sure the damaged vehicle is not destroyed, sold, repossessed or lost. Keep track of where your damaged vehicle has been towed. The at-fault driver and his insurance company are responsible for towing and storage fees. Your insurance company may pay these fees up front and then bill the at-fault driver’s insurance company later. Most modern vehicles are equipped with an Event Data Recorder (EDR) which stores information about the crash. In major crashes, it is critical the EDR is preserved and the data is recovered. In writing, ask the at-fault driver’s insurance company to preserve this information and provide it to you. If they refuse, hire an accident expert to get the information for you.
5. Cooperate with the insurance adjuster in scheduling the vehicle inspection. Shortly after the crash, an adjuster will want to inspect your vehicle. The adjuster will determine if the vehicle can be repaired or if it is a total loss. This is determined by comparing the fair market value of the vehicle with the cost of repairs. If the cost to repair compared to the value of the vehicle is too high, the vehicle will be determined a total loss.
6. Get the fair market value for your vehicle. If your vehicle is totaled, you are entitled to payment of the fair market value. This amount is determined by online services such as Kelly Blue Book or NADA considering the make, model, mileage, condition and other characteristics of your vehicle. Keep in mind if you owe more on your vehicle than it is worth, the at-fault driver is only required to pay the fair market value. You may still have payments and owe money on a vehicle that has been destroyed.
7. In order to receive payment for your totaled vehicle, you will have to sign paperwork to transfer ownership of the vehicle to the insurance company.
8. If your vehicle is repairable, you are entitled to get quotes and repairs at a shop of your choice. You can consider any recommendations from the insurance companies but you are not bound by them.
9. If your car is repaired, it is no longer worth what it once was. If you sold the now-repaired car, you would have to disclose it was involved in a wreck and therefore you would not be able to sell it for what it was once worth. This loss is called the diminished value. You are entitled to be compensated for the diminished value of your vehicle. The insurance company will likely not offer this compensation to you unless you ask for it. You may also have to hire an expert to calculate the diminished value.
10. Keep good records. Most times the property damage claim is resolved within a couple weeks without major disagreement. Despite this, keep records of any problems, disputes or expenses you paid out-of-pocket. Don’t be afraid to ask the insurance company to put it in writing. You are entitled to be treated fairly and compensated fully. If this isn’t happening you will have all the documentation necessary to consult with an attorney.
Still have questions and need further guidance? That’s what we’re here for.
For over 30 years, Navajo Injury Law has fought for injured persons and their families. We don't represent insurance companies or big business. Never have. Never will.
We hold individuals, corporations, governments and insurance companies responsible for the harm they cause. Insurance companies are increasingly unwilling to treat you and your loved ones fairly when a devastating accident occurs. We will fight for your rights.
You only pay if we win. We have successfully recovered millions of dollars for injured persons and their families.
Any delay can impact your ability to protect your rights.