After a crash, a damaged car can disrupt everything from your commute to your family’s weekly routine. Many people call a law firm hoping for help with repairs, a total loss, or a rental car. If no one suffered an injury, though, most personal injury attorneys cannot take the case. This guide explains why, and it walks you through how to handle a property damage claim in California on your own with confidence.
Why Most Personal Injury Attorneys Don’t Handle Property-Damage-Only Claims
Personal injury firms, including ours, focus on cases where someone suffered a physical injury. Most of these firms work on a contingency basis, meaning they receive a percentage of the injury recovery. A claim involving only vehicle damage usually does not fit that model, and the legal fees could consume much of what you recover.
In addition, insurers usually handle vehicle claims through a fairly standard process. With the right information, most drivers can manage a property damage claim in California without an attorney. If you also suffered an injury, however, that changes the picture, and you should speak with a lawyer about both parts of your claim.
Step 1: Report the Crash and Gather Evidence
Start building your claim at the scene, if you safely can:
- Call the police and request a report number.
- Photograph all vehicles from several angles, plus the scene, skid marks, and road conditions.
- Exchange information with the other driver, including insurance details.
- Collect witness names and phone numbers.
Each driver must also report the crash to the DMV within 10 days if anyone suffered an injury or the property damage exceeds $1,000, as the California Driver’s Handbook explains.
Step 2: Choose Where to File Your Property Damage Claim in California
California follows a fault-based system. You generally have two options:
- A third-party claim with the at-fault driver’s insurer, which can cover repairs, a rental car, and your deductible.
- A first-party claim under your own collision coverage, which often moves faster. Your insurer may then seek repayment from the other driver’s company and try to recover your deductible.
If the other driver had no insurance or fled the scene, your own collision or uninsured motorist property damage coverage may apply. Our hit-and-run page explains more.
Step 3: Know Your Repair Rights During a Property Damage Claim in California
California gives drivers important protections during repairs. The Auto Body Repair Consumer Bill of Rights, published by the California Department of Insurance, states that:
- You may choose your repair shop. An insurer cannot require repairs at a specific shop.
- You can receive an itemized written estimate and, after repairs, a detailed invoice.
- Estimates must identify parts as new, used, aftermarket, reconditioned, or rebuilt.
- You have the right to know about coverage for towing, storage, and a rental vehicle.
- You may obtain an independent estimate from a registered auto body shop.
Step 4: Handle a Total Loss Carefully
When repair costs approach or exceed a vehicle’s value, the insurer may declare it a total loss. In that case, the insurer typically offers the actual cash value of the car, meaning its market value just before the crash.
To make sure the offer is fair:
- Request the valuation report the insurer used.
- Compare listings for similar vehicles in your area with the same mileage and features.
- Gather records of recent upgrades, new tires, or major maintenance.
- Respond in writing if you believe the offer is too low, and include your supporting evidence.
Step 5: If the Insurer Won’t Cooperate
Disputes over repairs and values happen. You have several options:
- Ask for a supervisor and request the insurer’s position in writing.
- Use mediation. The California Department of Insurance offers an automobile claims mediation program to help consumers resolve physical damage disputes with their own insurer.
- File a complaint with the Department of Insurance if you believe the insurer is handling your claim unfairly.
- Consider small claims court. In California, individuals can sue for up to $12,500 in small claims court, according to the California Courts Self-Help Guide.
Small claims court offers a simpler, faster path for many vehicle disputes. Lawyers cannot represent parties in small claims court, although you may consult one beforehand.
Deadlines for a Property Damage Claim in California
Time limits apply. Under Code of Civil Procedure section 338, you generally have three years to file a lawsuit for damage to personal property, such as a vehicle. Injury claims follow a shorter deadline of two years, so if you suffered an injury, do not wait.
Common Mistakes With a Property Damage Claim in California
Avoid these missteps that can cost you time or money:
- Signing a release too soon. Make sure any release covers only property damage if you may also have an injury claim.
- Accepting the first total loss offer without checking comparable vehicles.
- Letting storage fees pile up at a tow yard while the claim stalls.
- Skipping photos of damage before repairs begin.
Our article on 5 legal mistakes to avoid after a car accident in California offers more tips.
When You Should Call Us
If you or a passenger suffered any injury, even one that seemed minor at first, contact a personal injury attorney before signing anything. Injuries such as whiplash can take days to appear, and a property damage settlement could affect how you handle the injury claim. Our guide on what to do after a car accident in California explains the first steps.
Talk With a Bakersfield Car Accident Lawyer
If your crash caused an injury, we are here to help. At Colvin Accident Lawyers, we listen with compassion and fight for the full recovery you deserve. Learn more about our Bakersfield car accident lawyer services, or read what our clients say.
Call (661) 616-1177 or contact us online. We answer the phone 24/7.
