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Property Damage Claims After a Car Accident: Repairs, Total Loss and Diminished Value

Photo: Anthony Maw / Unsplash

After a crash, the at-fault driver's liability insurance typically pays for your vehicle damage, or you can use your own collision coverage and let your insurer pursue the other side.

Repair or total loss

Insurers generally declare a car a total loss when repair costs approach a set percentage of its value, which varies by state. They then pay the actual cash value, not what you owe on the loan, so gap insurance may matter if you owe more.

Disputing a low offer

  1. Ask how the value was calculated and request the valuation report.
  2. Provide evidence of recent comparable sales and your car's condition and upgrades.
  3. Get your own estimate or an independent appraisal.
  4. Make a written counteroffer.
  5. Use an appraisal clause or file a complaint with your state insurance department.

Other items to ask for

  • Rental or loss of use.
  • Sales tax and fees on a replacement in many states.
  • Towing and storage.
  • Diminished value, available in some states from the at-fault insurer.

Small claims option

If the other side will not pay, small claims court is designed for disputes of this size. See our guide to how small claims court works.

Frequently asked questions

Can I choose my own repair shop?

Generally yes. Insurers may recommend shops but usually cannot require one.

Who pays my deductible?

You pay it under your own coverage, and you may recover it later if the other driver is at fault.

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