Donald Colvin, Esq

What Types of Damages Can I Be Reimbursed For After a Car Accident?

If you’ve been injured in a car accident in California, understanding the types of damages in an auto accident claim is essential. Most victims can recover two major categories of compensation: property damage and bodily injury damages. Each plays an important role in the value of your personal injury claim and how much you may ultimately receive.

This guide explains what each category includes, why insurance limits matter, and what obstacles you may face when pursuing compensation.

Property Damage in a California Auto Accident

Property damage refers to harm done to your vehicle or anything inside it during the accident. The insurance company typically assesses your vehicle and decides whether:

  • The car can be repaired, or

  • It is a total loss (in which case you may receive the vehicle’s fair market value)

Property damage compensation may include:

  • Repairs to your vehicle

  • Replacement value if the car is totaled

  • Rental car reimbursement

  • Towing and storage fees

  • Replacement for damaged personal items (phones, car seats, etc.)

Your settlement depends on the insurance policy, the severity of the damage, and how effectively the claim is documented.

Bodily Injury Damages After a Car Accident

Bodily injury damages cover the physical and emotional harm caused by the accident. These damages go beyond medical costs and may include:

Economic damages:

  • Emergency room visits, X-rays, and surgeries

  • Physical therapy, chiropractic care, or specialist treatment

  • Prescription medications and medical devices

  • Travel costs to medical appointments

  • In-home assistance if you cannot perform daily tasks

  • Lost wages and future earning capacity

Non-economic damages:

  • Pain and suffering

  • Emotional distress

  • Loss of enjoyment of life

  • Permanent disability or impairment

Each case is unique, and the specific damages you receive depend on your injuries, medical documentation, and the strength of your legal claim.

Do Injured Victims Always Receive Full Compensation?

Not always. Several factors can limit how much compensation you receive.

1. Insurance Policy Limits

Insurance pays only up to the policy’s stated limit.
For example:

  • The at-fault driver has only $5,000 in property damage coverage

  • Your vehicle sustained $10,000 in damage

To recover the remaining $5,000, you may need to sue the driver personally—but if they lack assets, recovery may be unrealistic. Similarly, low bodily injury limits often fail to cover severe injuries.

2. Lack of Documentation

Insurance companies may deny or reduce claims if you fail to document:

  • Medical treatment

  • Diagnosis and prognosis

  • Follow-through with prescribed care

  • Injury progression or symptoms

Poor documentation gives insurers room to argue that your injuries are unrelated, exaggerated, or no longer medically significant.

Do Severe Injuries Always Mean a Large Settlement?

Not necessarily. While severe injuries generally increase the value of a claim, your settlement depends heavily on:

  • The at-fault driver’s insurance limits

  • Whether additional defendants can be identified

  • Whether you have uninsured/underinsured motorist coverage

  • Strength of the evidence supporting your damages

  • Your attorney’s negotiation strategy

If your medical bills exceed the other party’s coverage, you may have to explore personal lawsuits or additional insurance sources.

Settlement Methods: Pre-Litigation vs. Litigation

Pre-Litigation

Most personal injury cases settle before a lawsuit is filed. During this stage, your attorney gathers medical records, negotiates with insurance companies, and builds your claim as if it may eventually go to trial.

Litigation

If pre-litigation negotiations fail, your attorney may file a lawsuit. A judge or jury will then determine fault and damages.

Cases can return to settlement discussions at any point—even during trial.

Can a Bad Driving Record Affect Your Personal Injury Claim?

Sometimes. Insurance companies may attempt to use a history of accidents or claims to challenge your credibility or argue comparative fault.

However, if the past incidents were legitimate and unrelated, they should not prevent you from recovering compensation. Still, if you have a complicated driving history, consulting an attorney is critical.

Can Insurance Companies Use Private Investigators?

Yes. Insurance companies may hire investigators to observe the injured person to look for signs of fraudulent injury claims. They may review:

  • Your daily activities

  • Social media posts

  • Interactions with others

This is why it’s important to be completely honest with your doctor and your attorney. Never exaggerate or minimize symptoms.

Why Do Insurance Companies Deny Claims?

Common reasons include:

1. “Minor Impact” Argument

Insurers claim that low property damage means the impact wasn’t strong enough to cause injury—an argument often used to undervalue medical claims.

2. Gaps in Medical Care

If you delay treatment or miss appointments, insurers may argue that your injuries were not caused by the accident or are not serious.

Final Thoughts

Understanding the types of damages in an auto accident claim can help you avoid pitfalls and maximize your compensation. Every case is different, and the insurance process can be complex—especially when policy limits are low or adjusters push back.

If you need help navigating your car accident claim, contact Colvin Accident Lawyers at (661) 616-1177 for a free consultation. Our team can help you understand your rights, strengthen your claim, and pursue the compensation you deserve.